Common use of Limits on Personal Liability Clause in Contracts

Limits on Personal Liability. (a) Prior to the Conversion Date, the obligations of the Borrower under this Project Loan Agreement and the other Financing Documents are subject to the full personal liability of the Borrower. On and after the Conversion Date, except as otherwise set forth in the Project Note and subsection 4.06(b) below, the obligations of the Borrower under this Project Loan Agreement and the other Financing Documents are non-recourse liabilities of the Borrower which shall be enforced only against the Project and other property of the Borrower encumbered by the Financing Documents and not personally against the Borrower or any partner of the Borrower or any successor or assign of the Borrower. However, nothing in this Section 4.06 shall limit the right of the Governmental Lender, the Fiscal Agent or the Funding Lender Representative to proceed against the Borrower to recover any fees owing to any of them or any actual out-of-pocket expenses (including but not limited to actual out-of-pocket attorneys’ fees incurred by any of them) incurred by any of them in connection with the enforcement of any rights under this Project Loan Agreement or the other Financing Documents. Nothing in this Section 4.06 shall limit any right that the Funding Lender Representative may have to enforce the Project Note, the Security Instrument, or any other Financing Document in accordance with their terms. 4816-8536-0354v5/024100-0013 (b) Notwithstanding anything contained in any other provision of this Project Loan Agreement to the contrary (but subject to the provisions of Section 7.06 hereof), the following obligations of the Borrower shall be and remain the joint and several full recourse obligations of the Borrower and of the Borrower’s general partner: (i) the Borrower’s obligations to the Governmental Lender and the Fiscal Agent under subsections (b)(ii), (b)(iii), (b)(iv), (b)(v), and (b)(vi) of Section 4.02 hereof; (ii) the Borrower’s obligations under Sections 2.05 and 6.01 of this Project Loan Agreement; (iii) the Borrower’s obligation to pay any and all rebate amounts that may be or become owing with respect to the Funding Loan and fees and expenses of the Rebate Analyst as provided in Sections 2.04 and 4.03 of this Project Loan Agreement and the Tax Certificate; and (iv) the Borrower’s obligation to pay legal fees and expenses under Section 7.04 hereof.

Limits on Personal Liability. (a) Prior to the Conversion Date, the obligations of the Borrower under this Project Loan Agreement and the other Financing Documents are subject to the full personal liability of the Borrower. On and after the Conversion Date, except Except as otherwise set forth in the Project Note and subsection 4.06(b) below, from and after the Conversion Date, the obligations of the Borrower under this Project Loan Agreement and the other Financing Documents are non-recourse liabilities of the Borrower Borrower, which shall be enforced only against the Project and other property of the Borrower encumbered by the Financing Documents and not personally against the Borrower or any partner of the Borrower or any successor or assign of the Borrower. However, nothing in this Section 4.06 shall limit the right of the Governmental Lender, the Fiscal Agent Agent, the Servicer or the Funding Lender Representative to proceed against the Borrower to recover any fees owing to any of them or any actual out-of-pocket expenses (including but not limited to actual out-of-pocket attorneys’ fees incurred by any of them) incurred by any of them in connection with the enforcement of any rights under this Project Loan Agreement or the other Financing Documents. Nothing in this Section 4.06 shall limit any right that the Servicer or the Funding Lender Representative may have to enforce the Project Note, the Security Instrument, or any other Financing Document in accordance with their terms. 4816-8536-0354v5/024100-0013. (b) Notwithstanding anything contained in any other provision of this Project Loan Agreement to the contrary (but subject to the provisions of Section 7.06 hereof), the following obligations of the Borrower shall be and remain the joint and several full recourse obligations of the Borrower and of the Borrower’s general partnerGeneral Partner: (i) the Borrower’s obligations to the Governmental Lender and the Fiscal Agent under subsections (b)(ii), (b)(iii), (b)(iv), (b)(v), (b)(vi), and (b)(vib)(vii) of Section 4.02 hereof; (ii) the Borrower’s obligations under Sections 2.05 and 6.01 of this Project Loan Agreement; (iii) the Borrower’s obligation to pay any and all rebate amounts that may be or become owing with respect to the Funding Loan and fees and expenses of the Rebate Analyst as provided in 4814-8693-5008.3 Sections 2.04 and 4.03 of this Project Loan Agreement and the Tax Certificate; and (iv) the Borrower’s obligation to pay legal fees and expenses under Section 7.04 hereof.

Limits on Personal Liability. (a) Prior to the Conversion Date, the obligations of the Borrower under this Project Loan Agreement and the other Financing Documents are subject to the full personal liability of the Borrower. On and after the Conversion Date, except Except as otherwise set forth in Section 14 of the Project Note and subsection 4.06(b) below, the obligations of the Borrower under this Project Loan Agreement and the other Financing Documents are non-recourse liabilities of the Borrower which shall be enforced only against the Project and other property of the Borrower encumbered by the Financing Documents and not personally against the Borrower or any partner [partner][member] of the Borrower or any successor or assign of the Borrower. However, nothing in this Section 4.06 shall limit the right of the Governmental Lender, the Fiscal Agent Agent, Loan Servicer or the Funding Lender Representative to proceed against the Borrower to recover any fees owing to any of them or any actual out-of-pocket expenses (including but not limited to actual out-of-pocket attorneys’ fees incurred by any of them) incurred by any of them in connection with the enforcement of any rights under this Project Loan Agreement or the other Financing Documents. Nothing in this Section 4.06 shall limit any right that the Loan Servicer or Funding Lender Representative may have to enforce the Project Note, the Security Instrument, or any other Financing Document in accordance with their terms. 4816-8536-0354v5/024100-0013. (b) Notwithstanding anything contained in any other provision of this Project Loan Agreement to the contrary (but subject to the provisions of Section 7.06 hereof), the following obligations of the Borrower shall be and remain the joint and several full recourse obligations of the Borrower and of the Borrower[each of] ▇▇▇▇▇▇▇▇’s [general partner: partner(s)][managing member(s)]: (i) the Borrower’s obligations to the Governmental Lender and the Fiscal Agent under subsections (b)(ii), (b)(iii), (b)(iv), (b)(v), (b)(vi), and (b)(vib)(vii) of Section 4.02 hereof; . (ii) the Borrower’s obligations under Sections 2.05 and 6.01 of this Project Loan Agreement; . (iii) the Borrower’s obligation to pay any and all rebate amounts that may be or become owing with respect to the Funding Loan and fees and expenses of the Rebate Analyst as provided in Sections 2.04 2.04, 4.02(b)(viii), and 4.03 of this Project Loan Agreement and the Tax Certificate; and . (iv) the Borrower’s obligation to pay legal fees and expenses under Section 7.04 hereof.

Limits on Personal Liability. (a) Prior to the Conversion Date, the obligations of the Borrower under this Project Loan Agreement and the other Financing Documents are subject to the full personal liability of the Borrower. On and after the Conversion Date, except Except as otherwise set forth in Section 14 of the Project Note and subsection 4.06(b) below, the obligations of the Borrower under this Project Loan Agreement and the other Financing Documents are non-recourse liabilities of the Borrower which shall be enforced only against the Project and other property of the Borrower encumbered by the Financing Documents and not personally against the Borrower or any partner of the Borrower or any successor or assign of the Borrower. However, nothing in this Section 4.06 shall limit the right of the Governmental Lender, the Fiscal Agent Agent, Loan Servicer or the Funding Lender Representative to proceed against the Borrower to recover any fees owing to any of them or any actual out-of-pocket expenses (including but not limited to actual out-of-pocket attorneys’ fees incurred by any of them) incurred by any of them in connection with the enforcement of any rights under this Project Loan Agreement or the other Financing Documents. Nothing in this Section 4.06 shall limit any right that the Loan Servicer or Funding Lender Representative may have to enforce the Project Note, the Security Instrument, or any other Financing Document in accordance with their terms. 4816-8536-0354v5/024100-0013. (b) Notwithstanding anything contained in any other provision of this Project Loan Agreement to the contrary (but subject to the provisions of Section 7.06 hereof), the following obligations of the Borrower shall be and remain the joint and several full recourse obligations of the Borrower and of the Borrower▇▇▇▇▇▇▇▇’s general partner: : (i) the Borrower’s obligations to the Governmental Lender and the Fiscal Agent under subsections (b)(ii), (b)(iii), (b)(iv), (b)(v), (b)(vi), and (b)(vib)(vii) of Section 4.02 hereof; . (ii) the Borrower’s obligations under Sections 2.05 and 6.01 of this Project Loan Agreement; . (iii) the Borrower’s obligation to pay any and all rebate amounts that may be or become owing with respect to the Funding Loan and fees and expenses of the Rebate Analyst as provided in Sections 2.04 2.04, 4.02(b)(viii), and 4.03 of this Project Loan Agreement and the Tax Certificate; and . (iv) the Borrower’s obligation to pay legal fees and expenses under Section 7.04 hereof.

Limits on Personal Liability. (a) Prior to the Conversion Date, the obligations of the Borrower under this Project Loan Agreement and the other Financing Documents are subject to the full personal liability of the Borrower. On and after the Conversion Date, except Except as otherwise set forth in Section 9 of the Project Note and subsection 4.06(b) below, the obligations of the Borrower under this Project Loan Agreement and the other Financing Documents are non-recourse liabilities of the Borrower which shall be enforced only against the Project and other property of the Borrower encumbered by the Financing Documents and not personally against the Borrower or any partner of the Borrower or any successor or assign of the Borrower. However, nothing in this Section 4.06 shall limit the right of the Governmental Lender, the Fiscal Agent Agent, the Servicer or the Funding Lender Representative to proceed against the Borrower to recover any fees owing to any of them or any actual out-of-pocket expenses (including but not limited to actual out-of-pocket attorneys’ fees incurred by any of them) incurred by any of them in connection with the enforcement of any rights under this Project Loan Agreement or the other Financing Documents. Nothing in this Section 4.06 shall limit any right that the Servicer or the Funding Lender Representative may have to enforce the Project Note, the Security Instrument, or any other Financing Document in accordance with their terms. 4816-8536-0354v5/024100-0013. (b) Notwithstanding anything contained in any other provision of this Project Loan Agreement to the contrary (but subject to the provisions of Section 7.06 hereof), the following obligations of the Borrower shall be and remain the joint and several full recourse obligations of the Borrower and each of the Borrower’s general partnerpartners: (i) the Borrower’s obligations to the Governmental Lender and the Fiscal Agent under subsections (b)(ii), (b)(iii), (b)(iv), (b)(v), and (b)(vi) of Section 4.02 hereof; (ii) the Borrower’s obligations under Sections 2.05 and 6.01 of this Project Loan Agreement; (iii) the Borrower’s obligation to pay any and all rebate amounts that may be or become owing with respect to the Funding Loan and fees and expenses of the Rebate Analyst as provided in Sections 2.04 and 4.03 of this Project Loan Agreement and the Tax Certificate; and (iv) the Borrower’s obligation to pay legal fees and expenses under Section 7.04 hereof.and

Limits on Personal Liability. (a) Prior to the Conversion Date, the obligations of the Borrower under this Project Loan Agreement and the other Financing Documents are subject to the full personal liability of the Borrower. On and after the Conversion Date, except Except as otherwise set forth in the Project Note and subsection 4.06(b) below, the obligations of the Borrower under this Project Loan Agreement and the other Financing Documents are non-recourse liabilities of the Borrower which shall be enforced only against the Project and other property of the Borrower encumbered by the Financing Documents and not personally against the Borrower or any partner [partner][member] of the Borrower or any successor or assign of the Borrower. However, nothing in this Section 4.06 shall limit the right of the Governmental Lender, the Fiscal Agent Agent, Loan Servicer or the Funding Lender Representative to proceed against the Borrower to recover any fees owing to any of them or any actual out-of-pocket expenses (including but not limited to actual out-of-pocket attorneys’ fees incurred by any of them) incurred by any of them in connection with the enforcement of any rights under this Project Loan Agreement or the other Financing Documents. Nothing in this Section 4.06 shall limit any right that the Loan Servicer or Funding Lender Representative may have to enforce the Project Note, the Security Instrument, or any other Financing Document in accordance with their terms. 4816-8536-0354v5/024100-0013. (b) Notwithstanding anything contained in any other provision of this Project Loan Agreement to the contrary (but subject to the provisions of Section 7.06 hereof), the following obligations of the Borrower shall be and remain the joint and several full recourse obligations of the Borrower and of the Borrower[each of] ▇▇▇▇▇▇▇▇’s [general partner: partner(s)][managing member(s)]: (i) the Borrower’s obligations to the Governmental Lender and the Fiscal Agent under subsections (b)(ii), (b)(iii), (b)(iv), (b)(v), (b)(vi), and (b)(vib)(vii) of Section 4.02 hereof; . (ii) the Borrower’s obligations under Sections 2.05 and 6.01 of this Project Loan Agreement; . (iii) the Borrower’s obligation to pay any and all rebate amounts that may be or become owing with respect to the Funding Loan and fees and expenses of the Rebate Analyst as provided in Sections 2.04 2.04, 4.02(b)(viii), and 4.03 of this Project Loan Agreement and the Tax Certificate; and . (iv) the Borrower’s obligation to pay legal fees and expenses under Section 7.04 hereof.

Limits on Personal Liability. (a) Prior to the Conversion Date, the obligations of the Borrower under this Project Loan Agreement and the other Financing Documents are subject to the full personal liability of the Borrower. On and after the Conversion Date, except Except as otherwise set forth in the Project Note and subsection 4.06(b) below, the obligations of the Borrower under this Project Loan Agreement and the other Financing Documents are non-recourse liabilities of the Borrower which shall be enforced only against the Project and other property of the Borrower encumbered by the Financing Documents and not personally against the Borrower or any partner [partner][member] of the Borrower or any successor or assign of the Borrower. However, nothing in this Section 4.06 shall limit the right of the Governmental Lender, the Fiscal Agent Agent, the Servicer or the Funding Lender Representative to proceed against the Borrower to recover any fees owing to any of them or any actual out-of-pocket expenses (including but not limited to actual out-of-pocket attorneys’ fees incurred by any of them) incurred by any of them in connection with the enforcement of any rights under this Project Loan Agreement or the other Financing Documents. Nothing in this Section 4.06 shall limit any right that the Servicer or the Funding Lender Representative may have to enforce the Project Note, the Security Instrument, or any other Financing Document in accordance with their terms. 4816-8536-0354v5/024100-0013. (b) Notwithstanding anything contained in any other provision of this Project Loan Agreement to the contrary (but subject to the provisions of Section 7.06 hereof), the following obligations of the Borrower shall be and remain the joint and several full recourse obligations of the Borrower and of [each of] the Borrower’s [general partnerpartner[s]][managing member[s]]: (i) the Borrower’s obligations to the Governmental Lender and the Fiscal Agent under subsections (b)(ii), (b)(iii), (b)(iv), (b)(v), and (b)(vi) of Section 4.02 hereof; (ii) the Borrower’s obligations under Sections 2.05 and 6.01 of this Project Loan Agreement; (iii) the Borrower’s obligation to pay any and all rebate amounts that may be or become owing with respect to the Funding Loan and fees and expenses of the Rebate Analyst as provided in Sections 2.04 and 4.03 of this Project Loan Agreement and the Tax Certificate; and (iv) the Borrower’s obligation to pay legal fees and expenses under Section 7.04 hereof.