Common use of Actions Not Required Clause in Contracts

Actions Not Required. Each Borrower hereby waives any and all right to cause a marshalling of the other Borrower's assets or any other action by any court or other governmental body with respect thereto insofar as the rights of Lender hereunder are concerned or to cause Lender to proceed against any security for the Borrowers' joint and several liability or any other recourse which Lender may have with respect thereto, and further waives any and all requirements that Lender institute any action or proceeding at law or in equity against the other Borrower or anyone else, or with respect to this Agreement, the Loan Documents, or any collateral security for the Borrowers' joint and several liability, as a condition precedent to making demand on, or bringing an action or obtaining and/or enforcing a judgment against, either Borrower. Each Borrower further waives any requirement that Lender seek performance by the other Borrower or any other person, of any obligation under this Agreement, the Loan Documents or any collateral security for the Borrowers' joint and several liability as a condition precedent to making a demand on, or bringing an action or obtaining and/or enforcing a judgment against, either Borrower. No Borrower shall have any right of setoff against Lender with respect to any of its obligations hereunder. 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.

Actions Not Required. Each Borrower hereby waives any and all right to cause a marshalling of the other Borrower's Borrowers’ assets or any other action by any court or other governmental body with respect thereto insofar as the rights of Lender the Administrative Agent and the Lenders hereunder are concerned or to cause Lender the Administrative Agent or the Lenders to proceed against any security for the Borrowers' ’ joint and several liability or any other recourse which Lender the Administrative Agent or the Lenders may have with respect thereto, and further waives any and all requirements that Lender the Administrative Agent or the Lenders institute any action or proceeding at law Law or in equity against the other Borrower Borrowers or anyone elseany other Person, or with respect to this Agreement, the Loan Documents, or any collateral security Collateral for the Borrowers' ’ joint and several liability, as a condition precedent to making demand on, or bringing an action or obtaining and/or enforcing a judgment against, either each Borrower. Each Borrower further waives any requirement that Lender the Administrative Agent or the Lenders seek performance by the other Borrower Borrowers or any other personPerson, of any Debt or other obligation under this Agreement, the Loan Documents or any collateral security Collateral for the Borrowers' ’ joint and several liability as a condition precedent to making a demand on, or bringing an any action or obtaining and/or enforcing a judgment against, either any Borrower. No Borrower shall have any right of setoff against the Administrative Agent or any Lender with respect to any of its Debt and other obligations hereunder. Any remedy or right hereby granted which shall be found to be unenforceable as to any person 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 Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy or right hereby granted.

Actions Not Required. Each Borrower hereby waives any and all right to cause a marshalling of the other Borrower's Borrowers’ assets or any other action by any court or other governmental body with respect thereto insofar as the rights of the Lender hereunder are concerned or to cause the Lender to proceed against any security for the Borrowers' ’ joint and several liability or any other recourse which the Lender may have with respect thereto, and further waives any and all requirements that the Lender institute any action or proceeding at law Law or in equity against the other Borrower Borrowers or anyone elseany other Person, or with respect to this Agreement, the Loan Documents, or any collateral security Collateral for the Borrowers' ’ joint and several liability, as a condition precedent to making demand on, or bringing an action or obtaining and/or enforcing a judgment against, either each Borrower. Each Borrower further waives any requirement that the Lender seek performance by the other Borrower Borrowers or any other personPerson, of any Debt or other obligation under this Agreement, the Loan Documents or any collateral security Collateral for the Borrowers' ’ joint and several liability as a condition precedent to making a demand on, or bringing an any action or obtaining and/or enforcing a judgment against, either any Borrower. No Borrower shall have any right of setoff against the Lender with respect to any of its Debt and other obligations hereunder. Any remedy or right hereby granted which shall be found to be unenforceable as to any person 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 Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy or right hereby granted.

Actions Not Required. Each Borrower hereby waives any and all right to cause a marshalling of the other Borrower's Borrowers’ assets or any other action by any court or other governmental body with respect thereto insofar as the rights of Lender the Administrative Agent and the Lenders hereunder are concerned or to cause Lender the Administrative Agent or the Lenders to proceed against any security for the Borrowers' ’ joint and several liability or any other recourse which Lender the Administrative Agent or the Lenders may have with respect thereto, and further waives any and all requirements that Lender the Administrative Agent or the Lenders institute any action or proceeding at law Law or in equity against the other Borrower Borrowers or anyone elseany other Person, or with respect to this Agreement, the Loan Documents, or any collateral security Collateral for the Borrowers' ’ joint and several liability, as a condition precedent to making demand on, or bringing an action or obtaining and/or enforcing a judgment against, either each Borrower. Each Borrower further waives any requirement that Lender the Administrative Agent or the Lenders seek performance by the other Borrower Borrowers or any other personPerson, of any obligation Obligation under this Agreement, the Loan Documents or any collateral security Collateral for the Borrowers' ’ joint and several liability as a condition precedent to making a demand on, or bringing an any action or obtaining and/or enforcing a judgment against, either any Borrower. No Borrower shall have any right of setoff against the Administrative Agent or any Lender with respect to any of its obligations Obligations hereunder. Any remedy or right hereby granted which shall be found to be unenforceable as to any person 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 Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy or right hereby granted.

Actions Not Required. Each Domestic Borrower hereby waives any and all right to cause a marshalling of the other Borrower's Domestic Borrowers’ assets or any other action by any court or other governmental body with respect thereto insofar as the rights of Lender the Administrative Agent and the Lenders hereunder are concerned or to cause Lender the Administrative Agent or the Lenders to proceed against any security for the Domestic Borrowers' ’ joint and several liability or any other recourse which Lender the Administrative Agent or the Lenders may have with respect thereto, and further waives any and all requirements that Lender the Administrative Agent or the Lenders institute any action or proceeding at law Law or in equity against the other Borrower Domestic Borrowers or anyone elseany other Person, or with respect to this Agreement, the Loan Documents, or any collateral security Collateral for the Domestic Borrowers' ’ joint and several liability, as a condition precedent to making demand on, or bringing an action or obtaining and/or enforcing a judgment against, either each Domestic Borrower. Each Domestic Borrower further waives any requirement that Lender the Administrative Agent or the Lenders seek performance by the other Borrower Domestic Borrowers or any other personPerson, of any obligation Obligation under this Agreement, the Loan Documents or any collateral security Collateral for the Domestic Borrowers' ’ joint and several liability as a condition precedent to making a demand on, or bringing an any action or obtaining and/or enforcing a judgment against, either any Domestic Borrower. No Domestic Borrower shall have any right of setoff against the Administrative Agent or any Lender with respect to any of its obligations Obligations hereunder. Any remedy or right hereby granted which shall be found to be unenforceable as to any person 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 Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy or right hereby granted.

Actions Not Required. Each Borrower hereby waives any and all right to cause a marshalling of the other Borrower's assets or any other action by any court or other governmental body with respect thereto insofar as the rights of Lead Lender and any Participant hereunder are concerned or to cause Lead Lender or any Participant to proceed against any security for the Borrowers' joint and several liability or any other recourse which Lead Lender or any Participant may have with respect thereto, and further waives any and all requirements that Lead Lender or any Participant institute any action or proceeding at law or in equity against the other Borrower or anyone else, or with respect to this Agreement, the Loan Documents, or any collateral security for the Borrowers' joint and several liability, as a condition precedent to making demand on, or bringing an action or obtaining and/or enforcing a judgment against, either any Borrower. Each Borrower further waives any requirement that Lead Lender or any Participant seek performance by the other Borrower or any other person, of any obligation under this Agreement, the Loan Documents or any collateral security for the Borrowers' joint and several liability as a condition precedent to making a demand on, or bringing an action or obtaining and/or enforcing a judgment against, either any Borrower. No Borrower shall have any right of setoff against Lead Lender or any Participant with respect to any of its obligations hereunder. 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.

Actions Not Required. Each Borrower hereby waives any and all right to cause a marshalling of the any other Borrower's ’s assets or any other action by any court or other governmental body with respect thereto insofar as the rights of Lender the Bank hereunder are concerned or to cause Lender the Bank to proceed against any security for the Borrowers' ’ joint and several liability or any other recourse which Lender the Bank may have with respect thereto, and further waives any and all requirements that Lender the Bank institute any action or proceeding at law or in equity against the any other Borrower or anyone else, or with respect to this Agreement, the Loan Documents, or any collateral security for the Borrowers' ’ joint and several liability, as a condition precedent to 45 making demand on, or bringing an action or obtaining and/or enforcing a judgment against, either a Borrower. Each Borrower further waives any requirement that Lender the Bank seek performance by the any other Borrower or any other person, of any obligation under this Agreement, the Loan Documents or any collateral security for the Borrowers' ’ joint and several liability as a condition precedent to making a demand on, or bringing an action or obtaining and/or enforcing a judgment against, either such Borrower. No Borrower shall have any right of setoff against Lender the Bank with respect to any of its obligations hereunder. 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.

Actions Not Required. Each Borrower hereby waives any and all right to cause a marshalling of the other Borrower's ’s assets or any other action by any court or other governmental body with respect thereto insofar as the rights of Lead Lender and any Participant hereunder are concerned or to cause Lead Lender or any Participant to proceed against any security for the Borrowers' ’ joint and several liability or any other recourse which Lead Lender or any Participant may have with respect thereto, and further waives any and all requirements that Lead Lender or any Participant institute any action or proceeding at law or in equity against the other Borrower or anyone else, or with respect to this Agreement, the Loan Documents, or any collateral security for the Borrowers' ’ joint and several liability, as a condition precedent to making demand on, or bringing an action or obtaining and/or enforcing a judgment against, either any Borrower. Each Borrower further waives any requirement that Lead Lender or any Participant seek performance by the other Borrower or any other person, of any obligation under this Agreement, the Loan Documents or any collateral security for the Borrowers' ’ joint and several liability as a condition precedent to making a demand on, or bringing an action or obtaining and/or enforcing a judgment against, either any Borrower. No Borrower shall have any right of setoff against Lead Lender or any Participant with respect to any of its obligations hereunder. 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.

Actions Not Required. Each Borrower hereby waives any and all right to cause a marshalling of the other Borrower's Borrowers’ assets or any other action by any court or other governmental body with respect thereto insofar as the rights of Lender the Administrative Agent and the Lenders hereunder are concerned or to cause Lender the Administrative Agent or the Lenders to proceed against any security for the Borrowers' ’ joint and several liability or any other recourse which Lender the Administrative Agent or the Lenders may have with respect thereto, and further waives any and all requirements that Lender the Administrative Agent or the Lenders institute any action or proceeding at law Law or in equity against the other Borrower Borrowers or anyone elseany other Person, or with respect to this Agreement, the Loan Documents, or any collateral security Collateral for the Borrowers' ’ joint and several liability, as a condition precedent to making demand on, or bringing an action or obtaining and/or enforcing a judgment against, either each Borrower. Each Borrower further waives any requirement that Lender the Administrative Agent or the Lenders seek performance by the other Borrower Borrowers or any other personPerson, of any Debt or other obligation under this Agreement, the Loan Documents or any collateral security Collateral for the Borrowers' ’ joint and several liability as a condition precedent to making a demand on, or bringing an any action or obtaining and/or enforcing a judgment against, either any 132 Borrower. No Borrower shall have any right of setoff against the Administrative Agent or any Lender with respect to any of its Debt and other obligations hereunder. Any remedy or right hereby granted which shall be found to be unenforceable as to any person 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 Person or circumstance, nor shall such unenforceability limit or prevent enforcement of any other remedy or right hereby granted.