Common use of Unimpaired Liability Clause in Contracts

Unimpaired Liability. The liability of Borrower under this Agreement shall in no way be limited or impaired by, and Indemnitor hereby consents and agrees to and shall be bound by, any amendment, replacement or modification of the provisions of the Note, the Loan Agreement or any other Loan Document entered into by (x) Borrower or any Person who succeeds Borrower or any Person as owner of the Property or (y) any other Person party to such Loan Document. In addition, the liability of Indemnitor under this Agreement shall in no way be limited or impaired by (i) any extensions of time for performance required by the Note, the Loan Agreement or any of the other Loan Documents, (ii) unless a substitute Indemnitor acceptable to Lender (in its sole discretion) has agreed in writing to be bound by the terms of this Agreement, any sale or transfer of all or part of the Property, (iii) the accuracy or inaccuracy of the representations and warranties made by Borrower under the Note, the Loan Agreement or any of the other Loan Documents or herein, (iv) the release of Borrower or any other Person from performance or observance of any of the agreements, covenants, terms or condition contained in any of the other Loan Documents by operation of law, Lender’s voluntary act, or otherwise, or (v) the release or substitution in whole or in part of any security for the Note.

Appears in 4 contracts

Samples: Indemnity Agreement, Environmental Indemnity Agreement (Lodging Fund REIT III, Inc.), Environmental Indemnity Agreement (Carter Validus Mission Critical REIT, Inc.)

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Unimpaired Liability. The liability of Borrower under this Agreement shall in no way be limited or impaired by, and Indemnitor hereby consents and agrees to and shall be bound by, any amendment, replacement or modification of the provisions of the Note, the Loan Agreement or any other Loan Document entered into by (x) Borrower or any Person who succeeds Borrower or any Person as owner of the Property or (y) any other Person party to such Loan Document. In addition, the liability of Indemnitor under this Agreement shall in no way be limited or impaired by (i) any extensions of time for performance required by the Note, the Loan Agreement or any of the other Loan Documents, (ii) unless a substitute Indemnitor acceptable to Lender (in its sole discretion) has agreed in writing to be bound by the terms of this Agreement, any sale or transfer of all or part of the Property, (iii) the accuracy or inaccuracy of the representations and warranties made by Borrower under the Note, the Loan Agreement or any of the other Loan Documents or herein, (iv) the release of Borrower or any other Person from performance or observance of any of the agreements, covenants, terms or condition contained in any of the other Loan Documents by operation of law, Lender’s 's voluntary act, or otherwise, or (v) the release or substitution in whole or in part of any security for the Note.

Appears in 2 contracts

Samples: Environmental Indemnity Agreement (Glimcher Realty Trust), Environmental Indemnity Agreement (Glimcher Realty Trust)

Unimpaired Liability. The liability of Borrower Indemnitors under this Agreement shall in no way be limited or impaired by, and each Indemnitor hereby consents to and agrees to and shall be bound by, any amendment, replacement amendment or modification of the provisions of the Note, the Loan Agreement or any other Loan Document entered into by (x) Borrower or any Person who succeeds Borrower or any Person as owner of the Property or (y) any other Person party to such Loan DocumentDocuments. In addition, the liability of Indemnitor Indemnitors under this Agreement shall in no way be limited or impaired by (i) any extensions of time for performance required by the Note, the Loan Agreement or any of the other Loan Documents, (ii) unless a substitute Indemnitor acceptable to Lender (in its sole discretion) has agreed in writing to be bound by the terms of this Agreement, any sale or transfer of all or part of the Mortgaged Property, (iii) limitations on, or release of liability under, any of the other Loan Documents, (iv) the accuracy or inaccuracy of the representations and warranties made by Borrower an Indemnitor under the Note, the Loan Agreement or any of the other Loan Documents or herein, (ivv) the release of Borrower an Indemnitor or any other Person from performance or observance of any of the agreements, covenants, terms or condition contained in any of the other Loan Documents by operation of law, Lender’s voluntary act, act or otherwise, or (vvi) the release or substitution in whole or in part of any Collateral, or (vii) Lender’s failure to record the Mortgage or file any UCC financing statements (or Lender’s improper recording or filing of any thereof) or to otherwise perfect, protect, secure or insure any security interest or lien given as security for the NoteLoan; and, in any such case, whether with or without notice to Indemnitors and with or without consideration.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (Alexion Pharmaceuticals Inc)

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Unimpaired Liability. The liability of Borrower any Indemnitor under this -------------------- Agreement shall in no way be limited or impaired by, and each Indemnitor hereby consents and agrees to and shall be bound by, any amendment, replacement or modification of the provisions of the Note, the Loan Agreement or any other Loan Document entered into by (xy) any Borrower or any Person who succeeds Borrower one or more of the Borrowers or any Person as owner of the Property Properties or (yz) any other Person party to such Loan Document. In addition, the liability of Indemnitor Indemnitors under this Agreement shall in no way be limited or impaired by (i) any extensions of time for performance required by the Note, the Loan Agreement or any of the other Loan Documents, (ii) unless a substitute Indemnitor acceptable to Lender (Administrative Agent in its sole discretion) discretion has agreed in writing to be bound by the terms of this Agreement, any sale or transfer of all or part of the PropertyProperties, (iii) the accuracy or inaccuracy of the representations and warranties made by Borrower any Indemnitor under the Note, the Loan Agreement or any of the other Loan Documents or herein, ; or (iv) the release of Borrower any Indemnitor or any other Person from performance or observance of any of the agreements, covenants, terms or condition contained in any of the other Loan Documents by operation of law, any Lender’s 's or Administrative Agent `s voluntary act, or otherwise, or (vvi) the release or substitution in whole or in part of any security for the Note.

Appears in 1 contract

Samples: Pledge Agreement (Cabot Industrial Trust)

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