Remedies Under Financing Documents. Exercise any and all rights and remedies available to any Agent, Issuing Bank or Lender under any of the Financing Documents (including making a demand under the Sponsor Indemnity pursuant to the terms thereof) or under applicable law, including judicial or non-judicial foreclosure or public or private sale of any of the Collateral pursuant to the Collateral Documents.
Remedies Under Financing Documents. Exercise any and all rights and remedies available at law or in equity and available to it under any of the Financing Documents, including, without limitation, (i) judicial or non-judicial foreclosure or public or private sale of any of the Collateral pursuant to the Collateral Documents, (ii) the appointment of a receiver in federal court for the Borrowers which receiver shall have all power to operate the Projects, sell any Collateral and perform any other acts necessary or desirable to operate the Projects and/or protect Lender’s interest in the Collateral and (iii) terminating the Management Agreement pursuant to the terms of the Subordination of Management Agreement. Borrowers hereby acknowledge that the remedies set forth in clauses (i) to (iii) above are necessary to protect Lender’s interest in the Collateral and other remedies at law or in equity may not be sufficient to protect Lender’s interest.
Remedies Under Financing Documents. Exercise any and all rights and remedies available at law or in equity and available to it under any of the Financing Documents, including judicial or non-judicial foreclosure or public or private sale of any of the Collateral pursuant to the Collateral Documents. ARTICLE 9 SCOPE OF LIABILITY The Agents and the Lenders (the "Non-Company Parties") agree that all obligations of the Member, Borrower, Sponsor and the Subsidiary Guarantors (the "Credit Parties") to the Agents and to the Lenders under the respective Financing Documents to which each such Person is party shall be obligations solely of the respective Credit Parties fully secured by the relevant Collateral granted by such Credit Party, if any, and each Non-Company Party shall have recourse only to the assets of such Credit Party (including all Collateral granted by such Credit Party) in enforcing such obligations to the extent, and subject to the terms of, the relevant Financing Document. In no event shall Sponsor, Member, or any Subsidiary Guarantor be personally liable or obligated for any liabilities or obligations of Borrower, except as may be specifically provided in any Financing Document to which it is a party. Without releasing Sponsor, Member, Borrower or any Subsidiary Guarantor from any of its obligations expressly provided for in any Financing Document to which it is a party, (it being acknowledged and agreed that this Article 9 shall not limit in any respect the enforceability of any Operative Document against the Persons that are party thereto), each Non-Company Party hereby acknowledges and agrees that none of the members, partners or shareholders of the Credit Parties (other than Borrower), their respective Affiliates and their past, present or future officers, directors, employees, shareholders, agents or representatives (collectively, the "Non-Recourse Parties") shall have any liability to any Non-Company Party for the payment of any sums now or hereafter owing by the Credit Parties under the Financing Documents or for the performance of any of the obligations of the Credit Parties contained therein or shall otherwise be liable or responsible with respect thereto (such liability, including such as may arise by operation of law, being hereby expressly waived). The foregoing notwithstanding, it is expressly understood and agreed that nothing contained in this Article 9 shall be deemed to release any Non-Recourse Party from liability for its fraudulent actions or willful misconduct. ...
