Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the Borrower. Notwithstanding the foregoing, no recourse under or upon any obligation, covenant, or agreement contained in this Agreement shall be had against (i) any officer, director, shareholder or employee of the Borrower or General Partner or (ii) any general partner of Borrower other than General Partner, in each case except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee or such general partner.
Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the Borrower and to EQR pursuant to the EQR Guaranty and to any Down REIT Guarantor pursuant to any Down REIT Guaranty. Notwithstanding the foregoing, no recourse under or upon any obligation, covenant, or agreement contained in this Agreement shall be had against any officer, director, shareholder or employee of the Borrower or any officer, director, shareholder or employee of EQR except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee.
Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the Loan Parties. Notwithstanding the foregoing, no recourse under or upon any obligation, covenant, or agreement contained in this Agreement shall be had against any officer, director, shareholder or employee of any Loan Party or any general partner of any Loan Party (other than General Partner as the General Partner of Prologis), in each case except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee or such general partner.
Recourse Obligation. 98 SECTION 9.15. Confidentiality....................................................... 99 SECTION 9.16. Bank's Failure to Fund................................................ 99 SECTION 9.17.
Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the Borrowers. Notwithstanding the foregoing, no recourse under or upon any obligation, covenant, or agreement contained in this Agreement shall be had against: (i) any officer, director, shareholder or employee of any Credit Party; or (ii) any general partner of AMB LP other than AMB, in each case except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee or such general partner.
Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the Borrower. Notwithstanding the foregoing, no recourse under or upon any obligation, covenant, or agreement contained in this Agreement shall be had against (i) any officer, director, shareholder or employee of the Borrower or EOPT (other than pursuant to the Acorn Guaranty (as defined in the EOPT Guaranty)) or (ii) any general partner of Borrower other than EOPT, in each case except in the event of fraud or misappropriation of funds on the part of such officer, director, shareholder or employee or such general partner.
Recourse Obligation. This Note is specifically a full recourse obligation, and nothing herein contained shall be construed to prevent Holder from proceeding personally against Maker under this Note.
Recourse Obligation. This Agreement and the Obligations hereunder are fully recourse to the Borrower, to each Qualified Borrower, to any Down REIT pursuant to any Down REIT Guaranty and, if the Parent Guaranty is in effect, to EQR pursuant to the Parent Guaranty. Notwithstanding anything to the contrary contained in this Agreement, in any of the other Loan Documents, or in any other instruments, certificates, documents or agreements executed in connection with this Agreement (all of the foregoing, for purposes of this Section, hereinafter referred to, individually and collectively, as the “Relevant Documents”), no recourse under or upon any Obligation, representation, warranty, promise or other matter whatsoever shall be had against any of the constituent partners of the Borrower or their successors and assigns (said constituent partners and their successors and assigns, for purposes of this Section, hereinafter referred to, individually and collectively, as the “OP Partners”; provided, for purposes of this Section, OP Partners shall exclude EQR if the Parent Guaranty is in effect).
Recourse Obligation. It is the express understanding of the Debtors and Secured Party that any judgment for the repayment of the indebtedness secured hereby or interest thereon will be enforced first against the Collateral and, second, only to the extent that the indebtedness evidenced by the Promissory Note or interest thereon is not satisfied by the Collateral, against the Debtors or either of them personally or any property of the Debtors or either of them to the full extent of such deficiency; in any action to collect any amount payable hereunder or to enforce performance of any of the other provisions of this Agreement; provided, however:
Recourse Obligation. No exculpatory provisions which may be contained in the Note or in any other document evidencing or securing the Note shall in any event or under any circumstances be deemed or construed to modify, qualify, or affect in any manner whatsoever the obligations and liabilities of Guarantor under this Guaranty.
