Actions Not Required. The Guarantor hereby waives any and all right to cause a marshalling of the assets of the Borrower or any other action by any court or other governmental body with respect thereto or to cause the Agent or any Bank to proceed against any security for the Obligations or any other recourse which the Agent or any Bank may have with respect thereto and further waives any and all requirements that the Agent or any Bank institute any action or proceeding at law or in equity, or obtain any judgment, against the Borrower or any other Person, or with respect to any collateral security for the Obligations, as a condition precedent to making demand on or bringing an action or obtaining and/or enforcing a judgment against, the Guarantor upon this Guaranty. The Guarantor further acknowledges that time is of the essence with respect to the Guarantor's obligations under this Guaranty. Any remedy or right hereby granted which shall be found to be unenforceable as to any Person or under any circumstance, for any reason, shall in no way limit or prevent the enforcement of such remedy or right as to any other Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy or right hereby granted.
Appears in 5 contracts
Samples: Guaranty (Lecg Corp), Credit Agreement (Lecg Corp), Credit Agreement (Lecg Corp)
Actions Not Required. The Each Guarantor hereby waives any and all right to cause a marshalling of the assets of the Borrower Issuer or any other action by any court or other governmental body with respect thereto or to cause the Agent Trustee or any Bank Holder to proceed against any security for the Obligations or any other recourse which the Agent Trustee or any Bank Holder may have with respect thereto and further waives any and all requirements that the Agent Trustee or any Bank Holder institute any action or proceeding at law or in equity, or obtain any judgment, against the Borrower Issuer or any other Person, or with respect to any collateral security for the Obligations, as a condition precedent to making demand on or bringing an action or obtaining and/or enforcing a judgment against, the such Guarantor upon this Guaranty. The Each Guarantor further acknowledges that time is of the essence with respect to the such Guarantor's ’s obligations under this Guaranty. Any remedy or right hereby granted which shall be found to be unenforceable as to any Person or under any circumstance, for any reason, shall in no way limit or prevent the enforcement of such remedy or right as to any other Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy or right hereby granted.
Appears in 3 contracts
Samples: Guaranty (Vitesse Semiconductor Corp), Guaranty (Vitesse Semiconductor Sales Corp), Guaranty (Vitesse Semiconductor Corp)
Actions Not Required. The Guarantor hereby waives any and all right to cause a marshalling of the assets of the Borrower or any other action by any court or other governmental body with respect thereto or to cause the Agent or any Bank to proceed against any security for the Obligations or any other recourse which the Agent or any Bank may have with respect thereto and further waives any and all requirements that the Agent or any Bank institute any action or proceeding at law or in equity, or obtain any judgment, against the Borrower or any other Person, or with respect to any collateral security for the Obligations, as a condition precedent to making demand on or bringing an action or obtaining and/or enforcing a judgment against, the Guarantor upon this Guaranty. The Guarantor further acknowledges that time is of the essence with respect to the Guarantor's obligations under this Guaranty. Any remedy or right hereby granted which shall be found to be unenforceable as to any Person or under any circumstance, for any reason, shall in no way limit or prevent the enforcement of such remedy or right as to any other Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy or right hereby granted.
Appears in 2 contracts
Samples: Guaranty (Entegris Inc), Credit Agreement (Norstan Inc)
Actions Not Required. The Guarantor hereby waives any and all right to cause a marshalling of the assets of the Borrower or any other action by any court or other governmental body with respect thereto or to cause the Agent or any Bank Lender to proceed against any security for the Obligations or any other recourse which the Agent or any Bank Lender may have with respect thereto and further waives any and all requirements that the Agent or any Bank Lender institute any action or proceeding at law or in equity, or obtain any judgment, against the Borrower or any other Person, or with respect to any collateral security for the Obligations, as a condition precedent to making demand on or bringing an action or obtaining and/or enforcing a judgment against, the Guarantor upon this Guaranty. The Guarantor further acknowledges that time is of the essence with respect to the Guarantor's ’s obligations under this Guaranty. Any remedy or right hereby granted which shall be found to be unenforceable as to any Person or under any circumstance, for any reason, shall in no way limit or prevent the enforcement of such remedy or right as to any other Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy or right hereby granted.
Appears in 2 contracts
Samples: Guaranty (Electromed, Inc.), Guaranty (Quantum Fuel Systems Technologies Worldwide Inc)
Actions Not Required. The Guarantor hereby waives any and all right to cause a marshalling of the assets of the Borrower or any other action by any court or other governmental body with respect thereto or to cause the Agent or any Bank to proceed against any security for the Obligations or any other recourse which the Agent or any Bank may have with respect thereto and further waives any and all requirements that the Agent or any Bank institute any action or proceeding at law or in equity, or obtain any judgment, against the Borrower or any other Person, or with respect to any collateral security for the Obligations, as a condition precedent to making demand on or bringing an action or obtaining and/or enforcing a judgment against, the Guarantor upon this Guaranty. The Guarantor further acknowledges that time is of the essence with respect to the Guarantor's obligations under this Guaranty. Any remedy or right hereby granted which shall be found to be unenforceable as to any Person or under any circumstance, for any reason, shall in no way limit or prevent the enforcement of such remedy or right as to any other Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy or right hereby granted.
Appears in 1 contract
Samples: Guaranty (Tech Squared Inc)
Actions Not Required. The Guarantor hereby waives any and all right to cause a marshalling marshaling of the assets of the Borrower Issuer or any other action by any court or other governmental body with respect thereto or to cause the Agent or any Bank Purchasers to proceed against any security for the Obligations or any other recourse which the Agent or any Bank Purchasers may have with respect thereto and further waives any and all requirements that the Agent or any Bank institute Purchaser institutes any action or proceeding at law or in equity, or obtain any judgment, against the Borrower Issuer or any other Person, or with respect to any collateral security for the Obligations, as a condition precedent to making demand on or bringing an action or obtaining and/or enforcing a judgment against, the Guarantor upon this Guaranty. The Guarantor further acknowledges that time is of the essence with respect to the Guarantor's obligations under this Guaranty. Any remedy or right hereby granted which shall be found to be unenforceable as to any Person or under any circumstance, for any reason, shall in no way limit or prevent the enforcement of such remedy or right as to any other 44 Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy or right hereby granted.
Appears in 1 contract
Samples: Note Agreement (Oneida LTD)
Actions Not Required. The Guarantor hereby waives (a) any and all right to cause a marshalling of the any Borrower’s assets of the Borrower or any other action by any court or other governmental body with respect thereto or to cause the Administrative Agent or any Bank to proceed against any security for the Obligations or any other recourse which that the Administrative Agent or any Bank may have with respect thereto and further waives (b) any and all requirements that the Administrative Agent or any Bank institute any action or proceeding at law or in equity, or obtain any judgment, against the any Borrower or any other Person, or with respect to any collateral security for the Obligations, as a condition precedent to making demand on or bringing an action or obtaining and/or enforcing a judgment against, the against such Guarantor upon this Guaranty. The Guarantor further acknowledges that time is of the essence with respect to the such Guarantor's ’s obligations under this Guaranty. Any remedy or right hereby granted which shall be that is found to be unenforceable as to any Person or under any circumstance, for any reason, shall in no way limit or prevent the enforcement of such remedy or right as to any other Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy or right hereby granted.
Appears in 1 contract
Actions Not Required. The Guarantor hereby waives any and all right to cause a marshalling of the assets of the Borrower or any other action by any court or other governmental body with respect thereto or to cause the Agent or any Bank to proceed against any security for the Obligations or any other recourse which the Agent or any Bank may have with respect thereto and further waives any and all requirements that the Agent or any Bank institute any action or proceeding at law or in equity, or obtain any judgment, against the Borrower or any other Person, or with respect to the Notes, or any collateral security for the Obligationstherefor, as a condition precedent to making demand on or bringing an action or obtaining and/or enforcing a judgment against, the Guarantor upon this Guaranty. The Guarantor further acknowledges that time is of the essence with respect to the Guarantorit's obligations under this Guaranty. Any remedy or right hereby granted which shall be found to be unenforceable as to any Person or under any circumstance, for any reason, shall in no way limit or prevent the enforcement of such remedy or right as to any other Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy or right hereby granted.
Appears in 1 contract
Samples: Guaranty (PSF Group Holdings Inc)
Actions Not Required. The Guarantor hereby waives any and all right to cause a marshalling of the assets of the Borrower Borrowers or any other action by any court or other governmental body with respect thereto or to cause the Banks or the Agent or any Bank to proceed against any security for the Obligations or any other recourse which the Banks or the Agent or any Bank may have with respect thereto and further waives any and all requirements that the Banks or the Agent or any Bank institute any action or proceeding at law or in equity, or obtain any judgment, against the either Borrower or any other Person, or with respect to any collateral security for the Obligations, as a condition precedent to making demand on or bringing an action or obtaining and/or enforcing a judgment against, the Guarantor upon this Guaranty. The Guarantor further acknowledges that time is of the essence with respect to the Guarantor's obligations under this Guaranty. Any remedy or right hereby granted which shall be found to be unenforceable as to any Person or under any circumstance, for any reason, shall in no way limit or prevent the enforcement of such remedy or right as to any other Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy or right hereby granted.
Appears in 1 contract
Actions Not Required. The Guarantor hereby waives any and all right to cause a marshalling of the assets of the Borrower or any other action by any court or other governmental body with respect thereto or to cause the Agent or any Bank to proceed against any security for the Obligations or any other recourse which the Agent or any Bank may have with respect thereto and further waives any and all requirements that the Agent or any Bank institute any action or proceeding at law or in equity, or obtain any judgment, against the Borrower or any other Person, or with respect to any collateral security for the Obligations, as a condition precedent to making demand on or bringing an action or obtaining and/or enforcing a judgment against, the Guarantor upon this Guaranty. The Guarantor further acknowledges that time is of the essence with respect to the Guarantor's ’s obligations under this Guaranty. Any remedy or right hereby granted which shall be found to be unenforceable as to any Person or under any circumstance, for any reason, shall in no way limit or prevent the enforcement of such remedy or right as to any other Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy or right hereby granted.
Appears in 1 contract
Samples: Credit Agreement (Lecg Corp)