Multiple Lenders. This Lending Agreement shall, and shall be deemed to, create a separate agreement for each series or investment company (in the case of an investment company that does not consist of a separate series) listed on Exhibit A. For any Loan, each reference in this Lending Agreement to Lender shall be, and shall be deemed to be, a reference solely to the particular series or investment company to which that Loan relates. In no circumstances shall the rights, obligations or remedies with respect to a particular series or investment company, as the case may be, constitute a right, obligation or remedy with respect to any other series or investment company. Specifically, and without limiting the scope of the foregoing, Bank shall have no right to set off claims of, or amounts payable to, one series or investment company, as the case may be, by applying property of any other series or investment company.
Multiple Lenders. If an Event of Default occurs with regards to a Borrower with multiple Lenders, the Borrower will not make or permit any payment or prepayment of any Loans owing by Borrower unless Borrower concurrently makes a pro-rata payment or prepayment of all loans owing by Borrower.
Multiple Lenders. For any Loan under this Agreement, each reference in the Agreement to Lender shall be deemed a reference solely to the particular Lender to which such Loan relates. In no circumstances shall the rights, obligations or remedies of Manager with respect to a particular Lender constitute a right, obligation or remedy applicable to any other lender. Furthermore, in no circumstances shall the rights, obligations or remedies of a particular Lender with respect to Manager be applicable to any other lender with respect to Manager. With respect to any Lender that is organized as a business trust (or a series thereof), Manager is hereby expressly put on notice of the limitation of liability set forth in the Declaration of Trust or similar instrument of such Lender and agrees that the obligations assumed by such Lender hereunder shall be limited in all cases to that Lender and its assets, and Manager shall not seek satisfaction of any such obligation from the officers, agents, employees, directors, trustees, or shareholders of such Lender.
Multiple Lenders. This agreement shall be deemed to create a separate agreement for each Customer as though each Customer separately executed an identical agreement. For any Loan under this Agreement, each reference in the Agreement to Customer shall be deemed a reference solely to the particular Customer to which such Loan relates. In no circumstances shall the rights, obligations or remedies of the Bank with respect to a particular Customer constitute a right, obligation or remedy applicable to any other Customer. Specifically, and without otherwise limiting the scope of this Section, the Bank shall have no right to set off claims or amounts payable related to one Customer by applying property of any other Customer. Furthermore, in no circumstances shall the rights, obligations or remedies of a particular Customer with respect to the Bank constitute a right, obligation or remedy of any other Customer with respect to the Bank.
Multiple Lenders. If you have more than one lien on your property, one lender might agree to modify its loan, but other lenders may refuse to modify their loans and may continue or start collection efforts and/or seek any other legal means to collect their debts, including, but not limited to, foreclosure of their liens.
Multiple Lenders. If at any time multiple Lenders exist on a single Lot 5 Condominium Unit: (a) any consent by or notice to Lender refers to all Lenders: (b) except under clause “a,” the most senior Lender may exercise all rights of Lender to the exclusion of junior Lender(s); (c) to the extent that the most senior Lender declines to do so, any other Lender may exercise those rights, in order of priority; and (d) if Lenders do not agree on priorities, a written determination of priority issued by a lawyer licensed in the State of North Carolina shall govern. Notwithstanding anything to the contrary in this Lease, Lender may: (i) exercise its rights through an affiliate, assignee, designee, nominee, subsidiary, or other entity acting in its own name or in Lender’s name (and anyone acting on behalf of Lender shall automatically have the same protections, rights, and limitations of liability as Lender; (ii) refrain from curing any Default; or (iii) abandon such cure at any time.
Multiple Lenders. Lender may from time to time consist of more than one Person holding interests in the Loan. Such Persons constituting Lender from time to time shall be those Persons so identified in the Register as constituting Lender. Each Lender may be issued a separate written promissory note as its Note issued by Borrower reflecting the principal amount of the Loan owned by the Person. All Notes so issued shall represent and evidence pro rata parri-passu interests in the Loan unless otherwise expressly stated as being issued with different terms pursuant to Section 9.02. Persons constituting Lender shall have the right to separately determine how they govern their relationship with respect to each other and how they collectively act as Lender under this Agreement.
Multiple Lenders. In the event The Board shall at any time or from time to time consent to an assignment of a portion of the Loan by the Lender, each representation, warranty, certification, covenant or other obligation of the "Lender" in this Agreement thereafter made or given shall be deemed a several representation, warranty, certification, or covenant or other obligation of each Lender such that no Lender shall be liable for the acts or omissions of any other Lender, and the obligation of the Board to any Lender shall not be affected by the acts or omissions of any other Lender.
Multiple Lenders. This Collateral Agency Agreement shall, and shall be deemed to, create a separate agreement for each series or investment company (in the case of an investment company that does not consist of a separate series) listed on Schedule 1. For any Loan, each reference in this Collateral Agency Agreement to Lender shall be, and shall be deemed to be, a reference solely to the particular series or investment company to which that Loan relates. In no circumstances shall the rights, obligations or remedies with respect to a particular series or investment company, as the case may be, constitute a right, obligation or remedy with respect to any other series or investment company. Specifically, and without limiting the scope of the foregoing, Collateral Agent shall have no right to set off claims of, or amounts payable to, one series or investment company, as the case may be, by applying property of any other series or investment company.
Multiple Lenders. 33 8.8 New Lease Priority.............................................................................34 8.9 Liability of New Tenant........................................................................34 8.10 Subleases and Rents............................................................................34 8.11
