Common use of Unimpaired Liability Clause in Contracts

Unimpaired Liability. The liability of Guarantor under this Agreement shall in no way be limited or impaired by, and Guarantor hereby consents to and agrees to be bound by, any amendment or modification of the provisions of the Note, the Loan Agreement, the Mortgage or any of the other Loan Documents (as defined in the Loan Agreement). In addition, the liability of Guarantor 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, the Mortgage or any of the other Loan Documents, (ii) any sale or transfer of all or part of the Property, (iii) intentionally omitted, (iv) the accuracy or inaccuracy of the representations and warranties made by Borrower or Guarantor under the Note, the Loan Agreement, the Mortgage or any of the other Loan Documents or herein, (v) the release of Borrower or Guarantor or any other person from performance or observance of any of the agreements, covenants, terms or condition contained in the Loan Agreement, the Mortgage, the Note or the other Loan Documents by operation of law, Lender's voluntary act, or otherwise, (vi) the release or substitution in whole or in part of any security for the Note, 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 Note; and, in any such case, whether with or without notice to Guarantor and with or without consideration.

Unimpaired Liability. The liability of Guarantor Company under this Agreement shall in no way be limited or impaired by, and Guarantor Company hereby consents to and agrees to be bound by, any amendment or modification of the provisions of the Note, the Loan Agreement, the Mortgage other Transaction Documents to or with Indemnitee by Company or any person who succeeds Company or any person as owner of the other Loan Documents (as defined in the Loan Agreement)Property. In addition, the liability of Guarantor Company under this Agreement shall in no way be limited or impaired by by, (i) any extensions of time for performance required by the Note, the Loan Agreement, the Mortgage or any of the other Loan DocumentsTransaction Document, (ii) any sale or transfer of all or part of the Property, (iii) intentionally omittedany exculpatory provision in the other Transaction Document limiting Indemnitee's recourse to the Property or to any other security for the Company's obligations under the other Transaction Documents, or limiting Indemnitee's rights to a deficiency judgment against Company, (iv) the accuracy or inaccuracy of the representations and warranties made by Borrower or Guarantor Company under the Note, the Loan Agreement, the Mortgage or any of the other Loan Documents Transaction Document or herein, (v) the release of Borrower or Guarantor Company or any other person from performance or observance of any of the agreements, covenants, terms or condition contained in the Loan Agreement, the Mortgage, the Note or the other Loan Documents any Transaction Document by operation of law, LenderIndemnitee's voluntary act, or otherwise, (vi) the release or substitution in whole or in part of any security for the NoteTransaction, or (vii) LenderIndemnitee's failure to record the Mortgage or file any UCC financing statements or other Transaction Documents (or LenderIndemnitee'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 NoteTransaction; and, in any such case, whether with or without notice to Guarantor Company and with or without consideration.

Unimpaired Liability. The Except as otherwise explicitly set forth herein, the liability of Guarantor Indemnitor under this Agreement shall in no way be limited or impaired by, and Guarantor Indemnitor hereby consents to and agrees to and shall be bound by, any amendment amendment, replacement or modification of the provisions of the Note, the Loan Agreement, the Mortgage Agreement or any of the other Loan Documents Document entered into by (x) Borrower or any Person who succeeds Borrower as defined in borrower under the Loan Agreement)or (y) any other Affiliate of Borrower party to such Loan Document. In addition, the liability of Guarantor 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, the Mortgage Agreement or any of the other Loan Documents, (ii) except as provided in Section 4, unless a substitute Indemnitor is a Qualified Equityholder or is otherwise 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) intentionally omitted, (iv) the accuracy or inaccuracy of the representations and warranties made by Borrower or Guarantor under the Note, the Loan Agreement, the Mortgage Agreement or any of the other Loan Documents or herein, (viv) the release of Borrower or Guarantor or any other person Person from performance or observance of any of the agreements, covenants, terms or condition contained in the Loan Agreement, the Mortgage, the Note or any of the other Loan Documents by operation of law, Lender's ’s voluntary act, or otherwise, or (viv) the release or substitution in whole or in part of any security for the Note, 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 Note; and, in any such case, whether with or without notice to Guarantor and with or without consideration.

Unimpaired Liability. The Except as otherwise explicitly set forth herein, the liability of Guarantor Indemnitor under this Agreement shall in no way be limited or impaired by, and Guarantor Indemnitor hereby consents to and agrees to and shall be bound by, any amendment amendment, replacement or modification of the provisions of the Note, the Loan Agreement, the Mortgage Agreement or any of the other Loan Documents Document entered into by (x) Borrower or any Person who succeeds Borrower as defined in borrower under the Loan Agreement)or (y) any other Affiliate of Borrower party to such Loan Document. In addition, the liability of Guarantor 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, the Mortgage Agreement or any of the other Loan Documents, (ii) except as provided in Section 4, unless a substitute Indemnitor is a Qualified Equityholder or is otherwise 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 PropertyCollateral, (iii) intentionally omitted, (iv) the accuracy or inaccuracy of the representations and warranties made by Borrower or Guarantor under the Note, the Loan Agreement, the Mortgage Agreement or any of the other Loan Documents or herein, (viv) the release of Borrower or Guarantor or any other person Person from performance or observance of any of the agreements, covenants, terms or condition contained in the Loan Agreement, the Mortgage, the Note or any of the other Loan Documents by operation of law, Lender's ’s voluntary act, or otherwise, or (viv) the release or substitution in whole or in part of any security for the Note, 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 Note; and, in any such case, whether with or without notice to Guarantor and with or without consideration.