Liability of Mortgagor. Upon the occurrence of an Event of Default, except as provided in this Section 9.01, Mortgagee will look solely to the Property and the security under the Loan Documents for the repayment of the Loan and will not enforce a deficiency or other judgment, order or claim against Mortgagor or any of Mortgagor’s Constituents or any partner, director, officer, trustee, shareholder, member, employee or principal of any such partner, nor any of their successors and assigns except as set forth in this Section 9.01. However, nothing contained in this Section 9.01 shall limit the rights of Mortgagee to proceed against Mortgagor and/or Liable Party, (i) to enforce any leases entered into by Mortgagor or its affiliates as tenant, guarantees, or other agreements entered into by Mortgagor in a capacity other than as borrower or any policies of insurance; (ii) to recover damages for fraud or intentional material misrepresentation; (iii) to recover any Net Proceeds which have not been applied in accordance with the terms of the Loan Documents, the Guaranty, and the Unsecured Indemnity Agreement, by Mortgagor or which, under the terms of the Loan Documents, the Guaranty, and the Unsecured Indemnity Agreement, should have been paid to Mortgagee; (iv) to recover any tenant security deposits, tenant letters of credit or other deposits or fees paid to Mortgagor that are part of the collateral for the Loan or prepaid rents for a period of more than 30 days which have not been delivered to Mortgagee upon foreclosure; (v) to recover Rents and Profits received by Mortgagor after the first day of the month in which an Event of Default occurs and prior to the earlier of (1) the date such Event of Default is cured by Mortgagor or expressly waived in writing by Mortgagee or (2) the date Mortgagee (or any other third party purchaser at a foreclosure sale) acquires title to the Property, which have not been applied to the Loan or in accordance with the Loan Documents, the Guaranty, and the Unsecured Indemnity Agreement, to operating and maintenance expenses of the Property; (vi) to recover damages, costs and expenses arising from, or in connection with the provisions of this Mortgage pertaining to Hazardous Materials or the Unsecured Indemnity Agreement; (vii) to recover damages arising from Mortgagor’s willful failure to comply with the provisions of this Mortgage pertaining to ERISA; (viii) to recover damages arising from Mortgagor’s failure to obtain Mortgagee’s prior written consent t...
Liability of Mortgagor. Mortgagor shall be personally liable hereunder for any and all amounts from time to time due and payable hereunder. Mortgagor hereby agrees that Mortgagee may proceed directly against it in connection with its liability hereunder without first proceeding to enforce its rights or remedies against Mortgagor or in the Collateral. Mortgagor hereby authorizes Mortgagee to exercise in any order any right or remedy it might have, including, without limitation, any right of judicial foreclosure or power of sale of the Collateral, with respect to the Obligations. All rights, powers and remedies of Mortgagee hereunder and under the other Operative Documents are cumulative and not alternative and are in addition to all rights, power and remedies given to Mortgagee by applicable Law.
Liability of Mortgagor. (a) Except for the personal liability and guaranty obligations set forth in the Guaranty (as hereinafter defined) and as expressly set forth in this Section 1. 17, notwithstanding anything to the contrary contained in this Mortgage or in any of the other Loan Documents, , but without in any manner releasing, impairing or otherwise affecting this Mortgage or any of the other Loan Documents, or the validity hereof or thereof, or the lien of this Mortgage, neither Mortgagor, nor any present or future "Constituent Member" (as hereinafter defined) in or agent of Mortgagor nor any present or future shareholder, partner, member, officer, director, employee, trustee, affiliate, beneficiary, advisor, principal, participant or agent of or in any corporation, trust or other entity that is or becomes a Constituent Member in Mortgagor, shall have any personal liability, directly or indirectly, under or in connection with the Loan Documents or any other instrument or certificate executed in connection with the Loan or the Loan Documents or any amendment(s) or modification(s) to any of the foregoing made at any time or times, heretofore or hereafter; the recourse of Mortgagee, and its successors and assigns, under or in connection with the Loan, the Loan Documents and such instruments, certificates, amendment(s) and modification(s), shall be limited to the Property only, and Mortgagee, on its own behalf and on behalf of its successors and assigns and any other party, hereby waives any such personal liability. A "Constituent Member' in Mortgagor shall mean any person or entity that is a partner in or member of Mortgagor, or any person or entity that, directly or indirectly through one or more limited liability companies or partnerships, is a partner in or member of Mortgagor. For purposes of the Loan Documents and such instruments and certificates, and any such amendment(s) or modification(s) thereto, neither the negative capital account of any Constituent Member in Mortgagor, nor any obligation of any Constituent Member in Mortgagor, to restore a negative capital account or to contribute or advance capital to Mortgagor or to any other Constituent Member in Mortgagor shall at any time be deemed to be the property or an asset of Mortgagor or any such other Constituent Member (and neither Mortgagee nor any of its successors and assigns shall have any right to collect, enforce or proceed against or with respect to any such negative capital account or such Constituent Member'...
Liability of Mortgagor. The Mortgagor will be deemed to be a principal debtor and the sole, original and independent obligor for the Money Owing and the Mortgaged Property will be deemed to be a principal security for the Money Owing. The liability of the Mortgagor under this document and the charges contained in this document will not be impaired by any forbearance, neglect, indulgence, extension of time, release, surrender or loss of Shares, dealing, variation or arrangement by the Mortgagee, or by any other act, event or matter whatsoever whereby the liability of the Mortgagor (as a surety only) or the charges contained in this document (as secondary or collateral charges only) would, but for this provision, have been discharged.
Liability of Mortgagor. (a) In any action brought at law or in equity to enforce the obligations of Mortgagor to pay any indebtedness or to perform any other monetary obligation or any non-monetary obligation created or arising under the Consolidation Agreement, the Mortgage, the Notes, the Assignment of Leases, the Assignment of Rents, the Cash Collateral Agreement, the Environmental Indemnity or under any of the other Loan Documents, the judgment or decree shall be enforceable against Mortgagor only to the extent of its interest in the Mortgaged Premises (or the property subject to such other instrument or agreement described above), and Mortgagee shall not seek or claim recourse against any other assets of Mortgagor or against any Constituent Party or any principal, member, officer, director, shareholder or equity owner of any Constituent Party and any such judgment shall not be subject to execution on, nor be a lien on, assets of Mortgagor (or of its Constituent Parties or any principal, member, officer, director, shareholder or other equity owners of its Constituent Parties) other than the Mortgaged Premises (or the property subject to such other instrument or agreement described above), provided that the -------- foregoing shall not relieve Mortgagor or any other Person of any liability for, nor prejudice or limit the rights of Mortgagee by reason of, any of the following:
Liability of Mortgagor. The obligations of Mortgagor under this Mortgage shall be satisfied exclusively by resort to the collateral granted hereunder. Mortgagor shall have no personal liability for the repayment of the Secured Obligations, and Mortgagee will not seek or enforce a deficiency judgment against Xxxxxxxxx.
Liability of Mortgagor. 58 ARTICLE X
Liability of Mortgagor. 25 ARTICLE X. CHANGE IN OWNERSHIP, CONVEYANCE OF PROPERTY Section 10.01 CONVEYANCE OF PROPERTY, CHANGE IN OWNERSHIP AND COMPOSITION....................................................25
Liability of Mortgagor. (a) In any action brought at law or in equity to enforce the obligations of Mortgagor to pay any indebtedness or to perform any other monetary obligation or any non-monetary obligation created or arising under the Consolidation Agree- ment, the Mortgage, the Notes, the Assignment of Leases, the Assignment of Rents, the Cash Collateral Agreement, or under any of the other Loan Documents, the judgment or decree shall be enforceable against Mortgagor only to the extent of its in- terest in the Mortgaged Premises (or the property subject to such other instrument or agreement described above), and Mort- gagee shall not seek or claim recourse against any other assets of Mortgagor or against any party holding partnership interests or other ownership interests, equitable interests or other ben- eficial interests, whether direct or indirect, in Mortgagor (each, a "Constituent Party" and collectively, "Constituent ----------------- ----------- Parties"), or any principal, member, officer, director, share- ------- holder or equity owner of any such Constituent Party and any such judgment shall not be subject to execution on, nor be a lien on, assets of Mortgagor (or of its Constituent Parties or any principal, member, officer, director, shareholder or other equity owners of its Constituent Parties) other than the Mort- gaged Premises (or the property subject to such other instru- ment or agreement described above), provided that the foregoing -------- shall not relieve Mortgagor or any other Controlling Party of any liability for, nor prejudice or limit the rights of Mort- gagee by reason of, any of the following, to the extent of any damage arising directly or indirectly to Mortgagee:
Liability of Mortgagor. The Mortgagor hereby agrees that the Mortgagee may proceed directly against it in connection with its liability hereunder without first proceeding to enforce its rights against the Collateral. Mortgagor hereby authorizes the Mortgagee to exercise in any order any right or remedy it might have, including, without limitation, any right of judicial foreclosure or power of sale of the Collateral, with respect to the obligations incurred hereunder. All rights, powers and remedies of the Mortgagee hereunder and under the other Operative Documents are cumulative and not alternative and are in addition to all rights, powers and remedies given to the Mortgagee by Applicable Law.
