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 Borrowers’ assets or any other action by any court or other governmental body with respect thereto insofar as the rights of the Administrative Agent and the Lenders hereunder are concerned or to cause the Administrative Agent or the Lenders to proceed against any security for the Borrowers’ joint and several liability or any other recourse which the Administrative Agent or the Lenders may have with respect thereto, and further waives any and all requirements that the Administrative Agent or the Lenders institute any action or proceeding at Law or in equity against the other Borrowers or any other Person, or with respect to this Agreement, the Loan Documents, or any 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, each Borrower. Each Borrower further waives any requirement that the Administrative Agent or the Lenders seek performance by the other Borrowers or any other Person, of any Debt or other obligation under this Agreement, the Loan Documents or any Collateral for the Borrowers’ joint and several liability as a condition precedent to making a demand on, or bringing any action or obtaining and/or enforcing a judgment against, 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 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 4 contracts

Samples: Credit Agreement (James River Group Holdings, Ltd.), Credit Agreement (James River Group Holdings, Ltd.), Credit Agreement (James River Group Holdings, Ltd.)

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Actions Not Required. Each Borrower hereby waives any and all right to cause a marshalling of the other Borrowers’ Borrower's assets or any other action by any court or other governmental body with respect thereto insofar as the rights of the Administrative Agent and the Lenders Lender hereunder are concerned or to cause the Administrative Agent or the Lenders Lender to proceed against any security for the Borrowers' joint and several liability or any other recourse which the Administrative Agent or the Lenders Lender may have with respect thereto, and further waives any and all requirements that the Administrative Agent or the Lenders Lender institute any action or proceeding at Law law or in equity against the other Borrowers Borrower or any other Personanyone else, or with respect to this Agreement, the Loan Documents, or any Collateral 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, each either Borrower. Each Borrower further waives any requirement that the Administrative Agent or the Lenders Lender seek performance by the other Borrowers Borrower or any other Personperson, of any Debt or other obligation under this Agreement, the Loan Documents or any Collateral collateral security for the Borrowers' joint and several liability as a condition precedent to making a demand on, or bringing any an action or obtaining and/or enforcing a judgment against, any either 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.

Appears in 4 contracts

Samples: Master Loan Agreement (PDS Financial Corp), Master Loan Agreement (PDS Financial Corp), Master Loan Agreement (PDS Financial Corp)

Actions Not Required. Each Borrower hereby waives any and all right to cause a marshalling of the other Borrowers’ assets or any other action by any court or other governmental body with respect thereto insofar as the rights of the Administrative Agent and the Lenders Lender hereunder are concerned or to cause the Administrative Agent or the Lenders Lender to proceed against any security for the Borrowers’ joint and several liability or any other recourse which the Administrative Agent or the Lenders Lender may have with respect thereto, and further waives any and all requirements that the Administrative Agent or the Lenders Lender institute any action or proceeding at Law or in equity against the other Borrowers or any other Person, or with respect to this Agreement, the Loan Documents, or any 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, each Borrower. Each Borrower further waives any requirement that the Administrative Agent or the Lenders Lender seek performance by the other Borrowers or any other Person, of any Debt or other obligation under this Agreement, the Loan Documents or any Collateral for the Borrowers’ joint and several liability as a condition precedent to making a demand on, or bringing any action or obtaining and/or enforcing a judgment against, 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 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: Credit Agreement (James River Group Holdings, Ltd.), Credit Agreement (James River Group Holdings, Ltd.), Credit Agreement (James River Group Holdings, Ltd.)

Actions Not Required. Each Borrower hereby waives any and all right to cause a marshalling of the other Borrowers’ assets or any other action by any court or other governmental body with respect thereto insofar as the rights of the Administrative Agent and the Lenders hereunder are concerned or to cause the Administrative Agent or the Lenders to proceed against any security for the Borrowers’ joint and several liability or any other recourse which the Administrative Agent or the Lenders may have with respect thereto, and further waives any and all requirements that the Administrative Agent or the Lenders institute any action or proceeding at Law or in equity against the other Borrowers or any other Person, or with respect to this Agreement, the Loan Documents, or any 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, each Borrower. Each Borrower further waives any requirement that the Administrative Agent or the Lenders seek performance by the other Borrowers or any other Person, of any Debt or other obligation Obligation under this Agreement, the Loan Documents or any Collateral for the Borrowers’ joint and several liability as a condition precedent to making a demand on, or bringing any action or obtaining and/or enforcing a judgment against, 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 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.

Appears in 2 contracts

Samples: Credit Agreement (Stoneridge Inc), Credit Agreement (Stoneridge Inc)

Actions Not Required. Each Domestic Borrower hereby waives any and all right to cause a marshalling of the other Domestic Borrowers’ assets or any other action by any court or other governmental body with respect thereto insofar as the rights of the Administrative Agent and the Lenders hereunder are concerned or to cause the Administrative Agent or the Lenders to proceed against any security for the Domestic Borrowers’ joint and several liability or any other recourse which the Administrative Agent or the Lenders may have with respect thereto, and further waives any and all requirements that the Administrative Agent or the Lenders institute any action or proceeding at Law or in equity against the other Domestic Borrowers or any other Person, or with respect to this Agreement, the Loan Documents, or any 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, each Domestic Borrower. Each Domestic Borrower further waives any requirement that the Administrative Agent or the Lenders seek performance by the other Domestic Borrowers or any other Person, of any Debt or other obligation Obligation under this Agreement, the Loan Documents or any Collateral for the Domestic Borrowers’ joint and several liability as a condition precedent to making a demand on, or bringing any action or obtaining and/or enforcing a judgment against, 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 Debt and other obligations 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.

Appears in 2 contracts

Samples: Revolving Credit Facility (Stoneridge Inc), Credit Agreement (Stoneridge Inc)

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

Appears in 1 contract

Samples: Credit Agreement (MGC DIAGNOSTICS Corp)

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

Appears in 1 contract

Samples: Master Loan Agreement (PDS Gaming Corp)

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

Appears in 1 contract

Samples: Loan Agreement (PDS Gaming Corp)

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