Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including, but not limited to, any neglect, delay, omission, failure or refusal of Lender (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 39 contracts
Samples: Guaranty of Recourse Obligations (TPG RE Finance Trust, Inc.), Guaranty Agreement (Terra Tech Corp.), Guaranty Agreement (Terra Tech Corp.)
Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including, including but not limited to, to any neglect, delay, omission, failure or refusal of Lender (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 37 contracts
Samples: Guaranty Agreement (BRE Select Hotels Corp), Guaranty Agreement (Inland Real Estate Income Trust, Inc.), Guaranty Agreement (BRE Select Hotels Corp)
Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any such collateral, property or security, including, including but not limited to, to any neglect, delay, omission, failure or refusal of Lender (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 26 contracts
Samples: Guaranty Agreement (ESH Hospitality, Inc.), Guaranty (Inland Real Estate Income Trust, Inc.), Guaranty (Stratus Properties Inc)
Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of Other Borrower Collateral, all or any part of any such collateral, property or security, including, but not limited to, including any neglect, delay, omission, failure or refusal of Lender (ia) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Debt or (iib) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security thereforOther Borrower Collateral, or (iiic) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed ObligationsDebt.
Appears in 22 contracts
Samples: Fifth Mezzanine Loan Agreement (Harrahs Entertainment Inc), First Mezzanine Loan Agreement (Harrahs Entertainment Inc), Eighth Mezzanine Loan Agreement (Harrahs Entertainment Inc)
Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any such collateral, property or security, including, including but not limited to, to any neglect, delay, omission, failure or refusal of Lender (ia) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Obligations or (iib) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iiic) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 19 contracts
Samples: Guaranty of Recourse Obligations (Inland Diversified Real Estate Trust, Inc.), Guaranty of Recourse Obligations (Inland Diversified Real Estate Trust, Inc.), Guaranty Agreement (BlueLinx Holdings Inc.)
Care and Diligence. The failure of Lender or any other party Person to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any such collateral, property or security, including, including but not limited to, to any neglect, delay, omission, failure or refusal of Lender (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 15 contracts
Samples: Guaranty (Lightstone Value Plus Real Estate Investment Trust, Inc.), Guaranty (Lightstone Value Plus Real Estate Investment Trust, Inc.), Ashford Hospitality Trust Inc
Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any such collateral, property or security, including, including but not limited to, to any neglect, delay, omission, failure or refusal of Lender (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 11 contracts
Samples: Guaranty (Inland American Real Estate Trust, Inc.), Guaranty (Gc Net Lease Reit, Inc.), Guaranty (Inland American Real Estate Trust, Inc.)
Care and Diligence. The failure of Lender the Class A Member or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including, but not limited to, any neglect, delay, omission, failure or refusal of Lender the Class A Member (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 10 contracts
Samples: Mandatory Redemption Guaranty (W2007 Grace Acquisition I Inc), Bad Boy Guaranty (American Realty Capital Hospitality Trust, Inc.), Environmental Indemnity Agreement (W2007 Grace Acquisition I Inc)
Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of Other Borrower Collateral, all or any part of any such collateral, property or security, including, but not limited to, including any neglect, delay, omission, failure or refusal of Lender (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Debt or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security thereforOther Borrower Collateral, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed ObligationsDebt.
Appears in 9 contracts
Samples: Second Mezzanine Loan Agreement (Harrahs Entertainment Inc), Third Mezzanine Loan Agreement (Harrahs Entertainment Inc), Fifth Mezzanine Loan Agreement (Harrahs Entertainment Inc)
Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any such collateral, property or security, including, but not limited to, any neglect, delay, omission, failure or refusal of Lender (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Debt or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed ObligationsDebt.
Appears in 7 contracts
Samples: Modification Agreement (Natural Gas Services Group Inc), Loan Agreement (Natural Gas Services Group Inc), Guaranty Agreement (Natural Gas Services Group Inc)
Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any such collateral, property or security, including, including but not limited to, to any neglect, delay, omission, failure or refusal of Lender (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Debt or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed ObligationsDebt.
Appears in 6 contracts
Samples: Repayment Guaranty (Inland Real Estate Income Trust, Inc.), Guaranty (Carter Validus Mission Critical REIT, Inc.), Guaranty (Grubb & Ellis Healthcare REIT II, Inc.)
Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including, but not limited to, any neglect, delay, omission, failure or refusal of Lender (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 5 contracts
Samples: Guaranty (Owens Realty Mortgage, Inc.), Guaranty (IMH Financial Corp), Guaranty (Owens Realty Mortgage, Inc.)
Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care (other than willful malfeasance) in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including, but not limited towithout limitation, any neglect, delay, omission, failure or refusal of Lender (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 4 contracts
Samples: Limited Recourse Guaranty Agreement (Cil&d, LLC), Guaranty Agreement (Cil&d, LLC), Guaranty Agreement (Cil&d, LLC)
Care and Diligence. The failure of Lender Administrative Agent or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any such collateral, property or security, including, including but not limited to, to any neglect, delay, omission, failure or refusal of Lender Administrative Agent (i) to take or prosecute any action for the collection of any of the Guaranteed ObligationsDebt, or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed ObligationsDebt.
Appears in 1 contract
Samples: Limited Recourse Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.)
Care and Diligence. The failure of Lender Administrative Agent or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including, but not limited towithout limitation, any neglect, delay, omission, failure or refusal of Lender Administrative Agent (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty (FelCor Lodging Trust Inc)
Care and Diligence. The failure of Lender Noteholder or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any such collateral, property or of security, including, including but not limited to, to any neglect, delay, omission, failure or refusal of Lender Noteholder (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 1 contract
Care and Diligence. The failure of Lender Agent or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including, including but not limited to, to any neglect, delay, omission, failure or refusal of Lender Agent (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 1 contract
Care and Diligence. The failure of Lender xx Xxxxer or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any such collateral, property or security, including, including but not limited to, to any neglect, delay, omission, failure or refusal of Lender (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 1 contract
Samples: Kranzco Realty Trust
Care and Diligence. The failure of Lender Creditor or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any such collateral, property or security, including, security including but not limited to, to any neglect, delay, omission, failure or refusal of Lender Creditor (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty (Naturade Inc)
Care and Diligence. The failure of Lender or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including, including but not limited to, to any neglect, delay, omission, failure or refusal of Lender Note B Holder (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, Obligations or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty of Recourse Obligations (Behringer Harvard Reit I Inc)
Care and Diligence. The failure of Lender Seller or any other party to exercise diligence or reasonable care in the preservation, protection, enforcement, sale or other handling or treatment of all or any part of any collateral, property or security, including, but not limited to, any neglect, delay, omission, failure or refusal of Lender Seller (i) to take or prosecute any action for the collection of any of the Guaranteed Obligations, or (ii) to foreclose, or initiate any action to foreclose, or, once commenced, prosecute to completion any action to foreclose upon any security therefor, or (iii) to take or prosecute any action in connection with any instrument or agreement evidencing or securing all or any part of the Guaranteed Obligations.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Cottonwood Multifamily Opportunity Fund, Inc.)