Common use of SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; AGENTS; CAPTIONS Clause in Contracts

SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; AGENTS; CAPTIONS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, successors and assigns of METLIFE and Borrower, subject to the provisions of Section 17 hereof. If Borrower is comprised of more than one person or entity, whether as individuals, partners, partnerships or corporations, each such person or entity shall be jointly and severally liable for Borrower's obligations hereunder. In exercising any rights hereunder or taking any actions provided for herein, METLIFE may act through its employees, agents or independent contractors as authorized by METLIFE. The captions and headings of the sections of this Instrument are for convenience only and are not to be used to interpret or define the provisions hereof.

Appears in 3 contracts

Sources: Commercial Deed of Trust (Nations Flooring Inc), Mortgage (Western Beef Inc /De/), Mortgage Security Agreement (Jevic Transportation Inc)

SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; AGENTS; CAPTIONS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, successors and permitted assigns of METLIFE Lender and BorrowerGuarantor. Notwithstanding the foregoing, subject to the provisions of Section 17 hereofGuarantor may not assign its rights or obligations hereunder. If Borrower Guarantor is comprised of more than one person or entity, whether as individuals, partners, partnerships or corporations, each such person or entity shall be jointly and severally liable for BorrowerGuarantor's obligations hereunder. In exercising any rights hereunder or taking any actions provided for herein, METLIFE Lender may act through its employees, agents or independent contractors as authorized by METLIFEL▇▇▇▇▇. The captions and headings of the sections of this Instrument Guaranty are for convenience only and are not to be used to interpret or define the provisions hereof.

Appears in 2 contracts

Sources: Guaranty Agreement (Sky Harbour Group Corp), Guaranty Agreement (Sky Harbour Group Corp)

SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; AGENTS; CAPTIONS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, successors and assigns of METLIFE Lender and Borrower, subject to the provisions of Section 17 hereof. If Borrower is comprised of more than one person or entity, whether as individuals, partners, partnerships partnerships, limited liability companies, or corporations, each such person or entity shall be jointly and severally liable for Borrower's ’s obligations hereunder. In exercising any rights hereunder or taking any actions provided for herein, METLIFE Lender may act through its employees, agents or independent contractors as authorized by METLIFELender. The captions and headings of the sections of this Instrument are for convenience only and are not to be used to interpret or define the provisions hereof.

Appears in 1 contract

Sources: Deed of Trust (Us Home Systems Inc /Tx)

SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; AGENTS; CAPTIONS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, successors and assigns of METLIFE Mortgagee and Borrower, subject to the provisions of Section 17 hereof. If Borrower is comprised of more than one person or entity, whether as individuals, partners, partnerships partnerships, limited liability companies, or corporations, each such person or entity shall be jointly and severally liable for Borrower's ’s obligations hereunder. In exercising any rights hereunder or taking any actions provided for herein, METLIFE Mortgagee may act through its employees, agents or independent contractors as authorized by METLIFEMortgagee. The captions and headings of the sections of this Instrument are for convenience only and are not to be used to interpret or define the provisions hereof.

Appears in 1 contract

Sources: Mortgage (Meritage Hospitality Group Inc /Mi/)

SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; AGENTS; CAPTIONS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, successors and assigns of METLIFE and Borrower, subject to the provisions of Section 17 hereof. If Borrower is comprised of more than one person or entity, whether as individuals, partners, partnerships or corporations, each such person or entity shall be jointly Jointly and severally liable for Borrower's Borrowers obligations hereunder. In exercising any rights hereunder or taking any actions provided for herein, METLIFE may act through its employees, agents or independent contractors as authorized by METLIFE. The captions and headings of the sections of this Instrument are for convenience only and are not to be used to interpret or define the provisions hereof.

Appears in 1 contract

Sources: Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (Secom General Corp)

SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; AGENTS; CAPTIONS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure injure to, the respective heirs, successors and assigns of METLIFE Lender and Borrower, subject to the provisions of Section 17 hereof. If Borrower is comprised of more than one person or entity, whether as individuals, partners, partnerships partnerships, limited liability companies, or corporationscorporation, each such person or entity shall be jointly and severally liable for Borrower's ’s obligations hereunder. In exercising any rights hereunder or taking any actions provided for herein, METLIFE Lender may act through its employees, agents or independent contractors as authorized by METLIFELender. The captions and headings of the sections of this Instrument are for convenience only and are not to be used to interpret or define the provisions hereof.

Appears in 1 contract

Sources: Security Agreement

SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; AGENTS; CAPTIONS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, successors and assigns of METLIFE Lender and Borrower, subject to the provisions of Section 17 hereof. If Borrower is comprised of more than one person or entity, whether as individuals, partners, partnerships or corporations, each such person or entity shall be jointly and severally liable for Borrower's obligations hereunder. In exercising any rights hereunder or taking any actions provided for herein, METLIFE Lender may act through its employees, agents or independent contractors as authorized by METLIFELender. The captions and headings of the sections of this Instrument are for convenience only and are not to be used to interpret or define the provisions hereof.

Appears in 1 contract

Sources: Commercial Deed of Trust (Charming Shoppes Inc)

SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; AGENTS; CAPTIONS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, successors and assigns of METLIFE Lender and Borrower, subject to the provisions of Section 17 Paragraph 14 hereof. If This Instrument, and any instrument or documents made in connection herewith may be assigned by the Lender without the consent of Borrower. All covenants and agreements of Borrower is comprised of more than one person or entity, whether as individuals, partners, partnerships or corporations, each such person or entity shall be jointly joint and severally liable for Borrower's obligations hereunderseveral. In exercising any rights hereunder or taking any actions provided for herein, METLIFE Lender may act through its employees, agents or independent contractors as authorized by METLIFELender. The captions and headings of the sections paragraphs of this Instrument are for convenience only and are not to be used to interpret or define the provisions hereof.

Appears in 1 contract

Sources: Mortgage, Security Agreement and Fixture Filing (Standard Management Corp)

SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; AGENTS; CAPTIONS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, successors and assigns of METLIFE Lender and Borrower, subject to the provisions of Section 17 paragraph 13 hereof. If This Instrument, and any instrument or documents made in connection herewith, may be assigned by the Lender without notice to or the consent of Borrower is comprised or any other party. All covenants and agreements of more than one person or entity, whether as individuals, partners, partnerships or corporations, each such person or entity Borrower shall be jointly joint and severally liable for Borrower's obligations hereunderseveral. In exercising any rights hereunder or taking any actions provided for herein, METLIFE Lender may act through its employees, agents or independent contractors as authorized by METLIFELender. The captions and headings of the sections paragraphs of this Instrument are for convenience only and are not to be used to interpret or define the provisions hereof.

Appears in 1 contract

Sources: Real Estate Mortgage (Oboisie Corp)

SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; AGENTS; CAPTIONS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, successors and assigns of METLIFE Lender and Borrower, subject to the provisions of Section 17 17, hereof. If Borrower is comprised of more than one person or entity, whether as individuals, partners, partnerships partnerships, limited liability companies, or corporations, each such person or entity shall be jointly and severally liable for Borrower's obligations hereunder, subject to the limitations on recourse set forth in the Note. In exercising any rights hereunder or taking any actions provided for herein, METLIFE Lender may act through its employees, agents or independent contractors as authorized by METLIFELender. The captions and headings of the sections of this Instrument are for convenience only and are not to be used to interpret or define the provisions hereof.

Appears in 1 contract

Sources: Commercial Deed of Trust, Security Agreement, Assignment of Leases and Rents, Financing Statement and Fixture Filing (Western Express Holdings, Inc.)

SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; AGENTS; CAPTIONS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, successors and assigns of METLIFE Mortgagee and BorrowerMortgagor, subject to the provisions of Section 17 16 hereof. If Borrower Mortgagor is comprised of more than one person or entity, whether as individuals, partners, partnerships or corporations, each such person or entity shall be jointly and severally liable for Borrower's Mortgagor’s obligations hereunder. In exercising any rights hereunder or taking any actions provided for herein, METLIFE Mortgagee may act through its employees, agents or independent contractors as authorized by METLIFEMortgagee. The captions and headings of the sections of this Instrument are for convenience only and are not to be used to interpret or define the provisions hereof.

Appears in 1 contract

Sources: Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Life Time Fitness Inc)

SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; AGENTS; CAPTIONS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, successors and assigns of METLIFE ▇▇▇▇ and Borrower▇▇▇▇▇▇▇▇, subject to the provisions of Section SECTION 17 hereof. If Borrower is comprised of more than one person or entity, whether as individuals, partners, partnerships or corporations, each such person or entity shall be jointly and severally liable for Borrower's obligations hereunder. In exercising any rights hereunder or taking any actions provided for herein, METLIFE ▇▇▇▇ may act through its employees, agents or independent contractors as authorized by METLIFE▇▇▇▇. The captions and headings of the sections of this Instrument are for convenience only and are not to be used to interpret or define the provisions hereof.

Appears in 1 contract

Sources: Commercial Mortgage (Horizon Group Properties Inc)

SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; AGENTS; CAPTIONS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, successors and assigns of METLIFE Mortgagee and Borrower, subject to the provisions of Section 17 hereof. If Borrower is comprised of more than one person or entity, whether as individuals, partners, partnerships partnerships, limited liability companies or corporations, each such person or entity shall be jointly and severally liable for Borrower's ’s obligations hereunder. In exercising any rights hereunder or taking any actions provided for herein, METLIFE Mortgagee may act through its employees, agents or independent contractors as authorized by METLIFEMortgagee. The captions and headings of the these sections of this Instrument are for the convenience only and are not to be used to interpret or define the provisions hereof.

Appears in 1 contract

Sources: Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (Featherlite Inc)

SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; AGENTS; CAPTIONS. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, successors and assigns of METLIFE Mortgagee and BorrowerMortgagor, subject to the provisions of Section 17 16 hereof. If Borrower Mortgagor is comprised of more than one person or entity, whether as individuals, partners, partnerships or corporations, each such person or entity shall be jointly and severally liable for Borrower's Mortgagor’s obligations hereunder. In exercising any rights hereunder or taking any actions provided for herein, METLIFE Mortgagee may act through its employees, agents or independent contractors as authorized by METLIFEMortgagee. The captions and headings of the sections of this Instrument are for convenience only and are not to be used to interpret or define the provisions hereof.. ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇

Appears in 1 contract

Sources: Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Life Time Fitness Inc)