Lender Covenant. In any action or proceeding against the Borrower to enforce the Loan Documents which is not also an action or proceeding against the Tribe, the Creditors agree that they shall have no recourse to the Tribe or to Non-Authority Property. In any action or proceeding to enforce the Loan Documents which includes the Tribe, the Creditors agree that they shall, to the extent then permitted by applicable Law, take commercially practicable steps to enforce any claim for damages awarded to the Creditors by any court, tribunal, arbitrator or other decision maker against the Borrower or the Authority Property prior to taking general recourse to the Tribe or Non-Authority Property. The provisions of this Section shall not be construed (a) to create any recourse on the part of the Creditors against the Tribe, the Non-Authority Property or revenues except for any breach of the Tribe’s own representations, warranties and covenants set forth in Articles 4 and 9, or (b) to require exhaustion by the Creditors of any remedies against Borrower or the Authority Property prior to having recourse, in the proper case, against the Tribe and Non-Authority Property.
Lender Covenant. In any action or proceeding against Borrower or any of its Restricted Subsidiaries to enforce the Loan Documents which is not also an action or proceeding against the Tribe, the Creditors agree that they shall have no recourse to the Tribe or to its property which is not Authority Property. In any action or proceeding to enforce the Loan Documents which includes the Tribe, the Creditors agree that they shall, to the extent then permitted by applicable Law, take commercially practicable steps to enforce any claim for damages awarded to the Creditors by any court, tribunal, arbitrator or other decision maker against Borrower or the Authority Property prior to taking general recourse to the Tribe or any Property thereof which is not Authority Property. The provisions of this Section shall not be construed (a) to create any recourse on the part of the Creditors against the Tribe, the property of the Tribe which is not Authority Property or revenues except for any breach of the Tribe’s own representations, warranties and covenants, or (b) to require exhaustion by the Creditors of any remedies against Borrower, its Restricted Subsidiaries or the Authority Property prior to having recourse, in the proper case, against the Tribe and its property which is not Authority Property.
Lender Covenant. Each Lender hereby covenants and agrees that it shall notify Administrative Agent, in writing, immediately upon becoming a Casden Lender or Term Loan Lender and upon any Affiliate becoming a Casden Lender or a Term Loan Lender.
Lender Covenant. In any action or proceeding against the Borrower to --------------- enforce the Loan Documents which is not also an action or proceeding against the Tribe, the Creditors agree that they shall have no recourse to the Tribe or to Non-Authority Property. In any action or proceeding to enforce the Loan Documents which includes the Tribe, the Creditors agree that they shall, to the extent then permitted by applicable Law, take commercially practicable steps to enforce any claim for damages awarded to the Creditors by any court, tribunal, arbitrator or other decision maker against the Borrower or the Authority Property prior to taking general recourse to the Tribe or Non-
Lender Covenant. 134 -vi- EXHIBITS -------- A - Assignment Agreement B - Compliance Certificate C - Opinion - Tribal Attorney General D - Opinions - external legal counsel to Borrower E - Request for Letter of Credit F - Request for Loan G - Revolving Note H - Tax Exempt Note I - Tax Exempt Opinion of Bond Counsel J - Tax Certificate K - Collateral Agent and Intercreditor Agreement
Lender Covenant. (a) Notwithstanding the waiver of sovereign immunity contained in Section 13.27, in any action or proceeding to enforce the Loan Documents against the Borrower or, to the limited extent set forth herein, against the Tribe, the Creditors agree that they shall have no recourse to the Excluded Property, PROVIDED that recourse may be had against the Tribe and the Excluded Property (to the extent set forth in this Section) to the extent that the Tribe fails to faithfully and fully comply with each of the covenants set forth in Article 8 hereof (it being expressly understood that in the event of any Event of Default arising from the breach of any of the covenants set forth in Article 8, the Tribe shall have the opportunity to cure the relevant Events of Default for thirty days following the delivery of written notice of the breach thereof to the Tribe) before any recourse of any kind may be had against the Tribe.
Lender Covenant. 103 10.27 RELEASE OF COLLATERAL AND GUARANTEE OBLIGATIONS.................................................103 SECTION 11. COLLATERAL AGENT.............................................................................104 11.01 COLLATERAL AGENT................................................................................104 TERM LOAN CREDIT AGREEMENT This TERM LOAN CREDIT AGREEMENT ("AGREEMENT") is entered into as of May 30, 2003, by and among APARTMENT INVESTMENT AND MANAGEMENT COMPANY, a Maryland corporation (the "REIT"), AIMCO PROPERTIES, L.P., a Delaware limited partnership ("AIMCO"), AIMCO/BETHESDA HOLDINGS, INC., a Delaware corporation ("AIMCO/BETHESDA"), and NHP MANAGEMENT COMPANY, a District of Columbia corporation ("NHP MANAGEMENT") (the REIT, AIMCO, AIMCO/Bethesda and NHP Management, collectively referred to as "BORROWERS"), each lender from time to time party hereto (collectively, "LENDERS" and individually, a "LENDER"), and BANK OF AMERICA, N.A. ("BANK OF AMERICA"), as Administrative Agent (in such capacity "ADMINISTRATIVE AGENT").
Lender Covenant. Each Lender hereby covenants and agrees that it shall notify Administrative Agent, in writing, immediately upon becoming a Casden Lender and/or a Revolver Lender and upon any Affiliate becoming a Casden Lender and/or a Revolver Lender.
Lender Covenant. The Lender agrees not to willfully take, or omit to take, any action that is intended to result in the occurrence of an Event of Default hereunder.
Lender Covenant. Subject to compliance with the other provisions contained herein, the Lenders agree, as of and subsequent to January 1, 2011, to use best efforts (which may include, without limitation, disposing, and causing their respective affiliates to dispose, of shares of Common Stock and maintaining, and causing their affiliates to maintain, reduced share ownership levels) to enable the Borrower to issue shares on any Share Payment Closing Date equal to 2% of the total number of shares of Common Stock outstanding on such date without causing the Lenders to violate the provisions of Section 2.12(h)(i) below.
