Full Recourse. The payment and performance of the Obligations of any Fund Group shall be fully recourse to the Borrowers of such Fund Group and their properties and assets. Notwithstanding anything in this Credit Agreement and the Loan Documents to the contrary, such Obligations shall not be recourse to the General Partners of such Borrower, and the Lenders shall not have the right to pursue any claim or action against any Borrower General Partner except for any claim or action for actual damages of the Administrative Agent or Lenders as a result of any fraud, gross negligence, willful misrepresentation, willful misappropriation of proceeds from the Credit Facility or other willful misconduct on the part of any Borrower General Partner, in which event there shall be full recourse with respect to the Obligations of the related Fund Group against such Person.
Appears in 8 contracts
Sources: Revolving Credit Agreement (AB Private Credit Investors Corp), Revolving Credit Agreement (AB Private Credit Investors Corp), Revolving Credit Agreement (AB Private Credit Investors Corp)
Full Recourse. The payment and performance of the Obligations of any Fund Group shall be fully recourse to the Borrowers of such Fund Group and their properties and assets. Notwithstanding anything in this Credit Agreement and the Loan Documents to the contrary, such the Obligations shall not be recourse to the any Borrower General Partners of such BorrowerPartner, and the Lenders shall not have the right to pursue any claim or action against any Borrower General Partner except for any claim or action for actual damages of the Administrative Agent Bank or Lenders as a result of any fraud, gross negligence, willful misrepresentation, willful misappropriation of proceeds from the Credit Facility or other willful misconduct on the part of any Borrower General Partner, in which event there shall be full recourse with respect to the Obligations of the related Fund Group against such Person.
Appears in 2 contracts
Sources: Revolving Credit Agreement (AB Commercial Real Estate Private Debt Fund, LLC), Revolving Credit Agreement (AB Commercial Real Estate Private Debt Fund, LLC)