Common use of Exculpated Parties Clause in Contracts

Exculpated Parties. Except as set forth in this Section 18.1 and the Recourse Guaranty, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine Borrower, (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”) and none of the Exculpated Parties shall have any personal liability (whether by suit deficiency judgment or otherwise) in respect of the Obligations (Second Mezzanine), this Agreement, the Pledge, the Mezzanine Notes, the Collateral or any other Mezzanine Loan Document, or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 and the Recourse Guaranty, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine Borrower, (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”) and none of the Exculpated Parties shall have any personal liability (whether by suit deficiency judgment or otherwise) in respect of the Obligations (Second First Mezzanine), this Agreement, the Pledge, the Mezzanine Notes, the Collateral or any other Mezzanine Loan Document, or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 18.1, the Recourse Guaranty (Mezzanine) and the Recourse GuarantyEnvironmental Indemnity (Mezzanine), no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, Prime Lessee or Operating Lessee, (ii) any Affiliate of Mezzanine Borrower, Prime Lessee, or Operating Lessee including any managing member, (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower Borrower, Prime Lessee, Operating Lessee or managing member or any Affiliate of Mezzanine Borrower Borrower, Prime Lessee, Operating Lessee or managed member, or (iv) any current or former direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, manager, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”) and none of the Exculpated Parties shall have any personal liability (whether by suit deficiency suit, deficiency, judgment or otherwise) in respect of the Obligations (Second Mezzanine), this Agreement, the Pledge, the Mezzanine NotesNote, the Collateral or any other Mezzanine Loan DocumentDocument (Mezzanine), or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 19.1, the Recourse Guaranty (Mezzanine) and the Recourse GuarantyEnvironmental Indemnity, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine Borrower, (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”) and none of the Exculpated Parties shall have any personal liability (whether by suit suit, deficiency judgment or otherwise) in respect of the Obligations (Second Third Mezzanine), this Agreement, the Pledge, the Mezzanine NotesNote, the Collateral or any other Mezzanine Loan Document, or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 19.1, the Recourse Guaranty (Mezzanine) and the Recourse GuarantyEnvironmental Indemnity, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine Borrower, (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”) and none of the Exculpated Parties shall have any personal liability (whether by suit suit, deficiency judgment or otherwise) in respect of the Obligations (Second Fourth Mezzanine), this Agreement, the Pledge, the Mezzanine NotesNote, the Collateral or any other Mezzanine Loan Document, or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 19.1, the Recourse Guaranty (Mezzanine) and the Recourse GuarantyEnvironmental Indemnity, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine Borrower, (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”) and none of the Exculpated Parties shall have any personal liability (whether by suit suit, deficiency judgment or otherwise) in respect of the Obligations (Second First Mezzanine), this Agreement, the Pledge, the Mezzanine NotesNote, the Collateral or any other Mezzanine Loan Document, or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 19.1, the Recourse Guaranty (Mezzanine) and the Recourse GuarantyEnvironmental Indemnity, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine Borrower, (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”) and none of the Exculpated Parties shall have any personal liability (whether by suit suit, deficiency judgment or otherwise) in respect of the Obligations (Second Mezzanine), this Agreement, the Pledge, the Mezzanine NotesNote, the Collateral or any other Mezzanine Loan Document, or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 18.1, the Recourse Guaranty and the Recourse GuarantyEnvironmental Indemnity, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine BorrowerBorrower (including Affiliate Tenant), (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”EXCULPATED PARTIES) and none of the Exculpated Parties shall have any personal liability (whether by suit deficiency suit, deficiency, judgment or otherwise) in respect of the Obligations (Second Mezzanine), this Agreement, the Pledge, the Mezzanine NotesNote, the Collateral or any other Mezzanine Loan DocumentDocument (Second Mezzanine), or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s 's right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 and the Recourse Guaranty, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine Borrower, (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”) and none of the Exculpated Parties shall have any personal liability (whether by suit deficiency judgment or otherwise) in respect of the Obligations (Second Third Mezzanine), this Agreement, the Pledge, the Mezzanine Notes, the Collateral or any other Mezzanine Loan Document, or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 18.1, the Recourse Guaranty and the Recourse GuarantyEnvironmental Indemnity, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine Borrower, (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, manager, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”EXCULPATED PARTIES) and none of the Exculpated Parties shall have any personal liability (whether by suit suit, deficiency judgment or otherwise) in respect of the Obligations (Second Mezzanine), this Agreement, the PledgePledge (Junior Tier Mezzanine), the Mezzanine NotesNote, the Collateral or any other Mezzanine Loan DocumentDocument (Junior Tier Mezzanine), or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine LenderLender and each successive holder of the Mezzanine Note and any other Loan Documents (Junior Tier Mezzanine). The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s 's right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 18.1, the Recourse Guaranty and the Recourse GuarantyEnvironmental Indemnity, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine Borrower, (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”) and none of the Exculpated Parties shall have any personal liability (whether by suit deficiency suit, deficiency, judgment or otherwise) in respect of the Obligations (Second Junior Mezzanine), this Agreement, the Pledge, the Mezzanine NotesNote, the Collateral or any other Mezzanine Loan DocumentDocument (Junior Mezzanine), or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s 's right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 13.1, the Recourse Guaranty (Mezzanine) and the Recourse GuarantyEnvironmental Indemnity (Mezzanine), no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (ia) Mezzanine Borrower, (iib) any Affiliate of Mezzanine Borrower, (iiic) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower Borrower, or (ivd) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (ia) through (iiic) above (collectively, the “Exculpated Parties”) ), and none of the Exculpated Parties shall have any personal liability (whether by suit suit, deficiency judgment or otherwise) in respect of the Obligations (Second Mezzanine), this Agreement, the Pledge, the Mezzanine NotesNote, the Collateral or any other Mezzanine Loan DocumentDocument (Mezzanine), or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 18.1, the Recourse Guaranty and the Recourse GuarantyEnvironmental Indemnity, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine BorrowerBorrower (including Affiliate Tenant), (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”EXCULPATED PARTIES) and none of the Exculpated Parties shall have any personal liability (whether by suit deficiency suit, deficiency, judgment or otherwise) in respect of the Obligations (Second First Mezzanine), this Agreement, the Pledge, the Mezzanine NotesNote, the Collateral or any other Mezzanine Loan DocumentDocument (First Mezzanine), or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s 's right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 18.1, the Recourse Guaranty and the Recourse GuarantyEnvironmental Indemnity, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine BorrowerBorrower (including Affiliate Tenant), (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”EXCULPATED PARTIES) and none of the Exculpated Parties shall have any personal liability (whether by suit deficiency suit, deficiency, judgment or otherwise) in respect of the Obligations (Second Third Mezzanine), this Agreement, the Pledge, the Mezzanine NotesNote, the Collateral or any other Mezzanine Loan DocumentDocument (Third Mezzanine), or the making, issuance or transfer thereof, all such liability, if any, being expressly 103 waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s 's right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 and the Recourse Guaranty, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine Borrower, (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”) and none of the Exculpated Parties shall have any personal liability (whether by suit deficiency judgment or otherwise) in respect of the Obligations (Second Third Mezzanine), this Agreement, the Pledge, Mezzco IV Pledge, the Mezzanine Notes, the Collateral or any other Mezzanine Loan Document, or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 18.1, the Recourse Guaranty and the Recourse GuarantyEnvironmental Indemnity, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine BorrowerBorrower (including Affiliate Tenant), (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”EXCULPATED 103 PARTIES) and none of the Exculpated Parties shall have any personal liability (whether by suit deficiency suit, deficiency, judgment or otherwise) in respect of the Obligations (Second Fourth Mezzanine), this Agreement, the Pledge, the Mezzanine NotesNote, the Collateral or any other Mezzanine Loan DocumentDocument (Fourth Mezzanine), or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s 's right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 18.1, the Recourse Guaranty and the Recourse GuarantyEnvironmental Indemnity, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine Borrower, (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, manager, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”EXCULPATED PARTIES) and none of the Exculpated Parties shall have any personal liability (whether by suit suit, deficiency judgment or otherwise) in respect of the Obligations (Second Mezzanine), this Agreement, the Pledge, the Mezzanine NotesNote, the Collateral or any other Mezzanine Loan DocumentDocument (Mezzanine), or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine LenderLender and each successive holder of the Mezzanine Note and any other Loan Documents (Mezzanine). The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s 's right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 and the Recourse Guaranty, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine Borrower, (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”) and none of the Exculpated Parties shall have any personal liability (whether by suit deficiency judgment or otherwise) in respect of the Obligations (Second Fourth Mezzanine), this Agreement, the Pledge, Mezzco V Pledge, the Mezzanine Notes, the Collateral or any other Mezzanine Loan Document, or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 18.1, the Recourse Guaranty and the Recourse GuarantyEnvironmental Indemnity, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine Borrower, (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”) and none of the Exculpated Parties shall have any personal liability (whether by suit deficiency suit, deficiency, judgment or otherwise) in respect of the Obligations (Second Senior Mezzanine), this Agreement, the Pledge, the Mezzanine NotesNote, the Collateral or any other Mezzanine Loan DocumentDocument (Senior Mezzanine), or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s 's right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following:

Exculpated Parties. Except as set forth in this Section 18.1 18.1, the Recourse Guaranty and the Recourse GuarantyEnvironmental Indemnity, no personal liability shall be asserted, sought or obtained by Mezzanine Lender or enforceable against (i) Mezzanine Borrower, (ii) any Affiliate of Mezzanine Borrower, (iii) any Person owning, directly or indirectly, any legal or beneficial interest in Mezzanine Borrower or any Affiliate of Mezzanine Borrower or (iv) any direct or indirect partner, member, principal, officer, Controlling Person, beneficiary, trustee, advisor, shareholder, employee, agent, Affiliate or director of any Persons described in clauses (i) through (iii) above (collectively, the “Exculpated Parties”) and none of the Exculpated Parties shall have any personal liability (whether by suit deficiency suit, deficiency, judgment or otherwise) in respect of the Obligations (Second Intermediate Mezzanine), this Agreement, the Pledge, the Mezzanine NotesNote, the Collateral or any other Mezzanine Loan DocumentDocument (Intermediate Mezzanine), or the making, issuance or transfer thereof, all such liability, if any, being expressly waived by Mezzanine Lender. The foregoing limitation shall not in any way limit or affect Mezzanine Lender’s 's right to any of the following and Mezzanine Lender shall not be deemed to have waived any of the following: