Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses judicially or nonjudicially against any real property security for the Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 5 contracts
Samples: Credit Agreement (Yellow Corp), Term Loan Credit Agreement (YRC Worldwide Inc.), Term Loan Credit Agreement (YRC Worldwide Inc.)
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses judicially or nonjudicially against any real property security for the Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraphSection 11.12, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 4 contracts
Samples: Term Loan Amendment (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), First Lien Credit Agreement (Surgery Partners, Inc.)
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses judicially or nonjudicially against any real property security for the Guaranteed Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower Borrowers or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the this Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 2 contracts
Samples: Continuing Guaranty (Americas Carmart Inc), Continuing Guaranty (Americas Carmart Inc)
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses judicially or nonjudicially against any real property security for the Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraphSection 11.12, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.v.
Appears in 2 contracts
Samples: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses judicially or nonjudicially non-judicially against any real property security for the Guaranteed Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower Borrowers or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the this Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 2 contracts
Samples: Continuing Guaranty (Conns Inc), Continuing Guaranty (Conns Inc)
Additional Guarantor Waivers and Agreements. (a) Each The Guarantor understands and acknowledges that if the Collateral Administrative Agent or any other Secured Party forecloses judicially or nonjudicially against any real property security for the Guaranteed Obligations, that foreclosure could impair or destroy any ability that such the Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower Borrowers or others based on any right such the Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such the Guarantor under the this Guaranty. Each The Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such the Guarantor’s rights, if any, may entitle such the Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 2 contracts
Samples: Continuing Guaranty (Prospect Medical Holdings Inc), Continuing Guaranty (Prospect Medical Holdings Inc)
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses judicially or nonjudicially against any real property security for the Guaranteed Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower Borrowers or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the this Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 2 contracts
Samples: Continuing Guaranty (Americas Carmart Inc), Continuing Guaranty (Americas Carmart Inc)
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses judicially or nonjudicially against any real property security for the Guaranteed Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower Borrowers or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the this Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 1 contract
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses Parties foreclose judicially or nonjudicially against any real property security for the Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower Borrowers or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the this Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 1 contract
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses Parties foreclose judicially or nonjudicially non-judicially against any real property security for the Secured Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower Borrowers or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the this Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 1 contract
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses judicially or nonjudicially against any real property security for the Guaranteed Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower Borrowers or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the this Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 1 contract
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses judicially or nonjudicially against any real property security for the Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraphSection 11.12, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.Civil
Appears in 1 contract
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses Parties foreclose judicially or nonjudicially non-judicially against any real property security for the Secured Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the this Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraphSection 10.12(a), such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 1 contract
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses Credit Parties foreclose judicially or nonjudicially against any real property security security, hereafter existing, for the Guaranteed Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the this Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 1 contract
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses Parties foreclose judicially or nonjudicially against any real property security for the Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower other Loan Parties or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the this Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.v.
Appears in 1 contract
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses judicially or nonjudicially against any real property security for the Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 1 contract
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses Credit Parties foreclose judicially or nonjudicially against any real property security security, hereafter existing, for the Guaranteed Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the this Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 1 contract
Additional Guarantor Waivers and Agreements. (a) Each The Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses Credit Parties foreclose judicially or nonjudicially against any real property security security, hereafter existing, for the Guaranteed Obligations, that foreclosure could impair or destroy any ability that such the Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower or others based on any right such the Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such the Guarantor under the this Guaranty. Each The Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such the Guarantor’s rights, if any, may entitle such the Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 1 contract
Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses Parties foreclose judicially or nonjudicially against any real property security for the Secured Obligations, that foreclosure could impair or destroy any ability that such Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower or others based on any right such Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such Guarantor under the this Guaranty. Each Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such Guarantor’s rights, if any, may entitle such Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 1 contract
Samples: Credit Agreement (Zynga Inc)
Additional Guarantor Waivers and Agreements. (a) Each The Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party forecloses Credit Parties foreclose judicially or nonjudicially against any real property security security, hereafter existing, for the Guaranteed Obligations, that foreclosure could impair or destroy any ability that such the Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower or others based on any right such the Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such the Guarantor under the this Guaranty. Each The Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such the Guarantor’s rights, if any, may entitle such the Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 1 contract
Additional Guarantor Waivers and Agreements. (a) Each The Guarantor understands and acknowledges that if the Collateral Agent or any other Secured Party Lender forecloses judicially or nonjudicially against any real property security for the Guaranteed Obligations, that foreclosure could impair or destroy any ability that such the Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower or others based on any right such the Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such the Guarantor under the this Guaranty. Each The Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such the Guarantor’s rights, if any, may entitle such the Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 1 contract
Samples: Continuing and Unconditional Guaranty (Corinthian Colleges Inc)
Additional Guarantor Waivers and Agreements. (a) Each The Guarantor understands and acknowledges that if the Collateral Administrative Agent or any other Secured Party forecloses judicially or nonjudicially against any real property security for the Guaranteed Obligations, that foreclosure could impair or destroy any ability that such the Guarantor may have to seek reimbursement, contribution, or indemnification from the Borrower or others based on any right such the Guarantor may have of subrogation, reimbursement, contribution, or indemnification for any amounts paid by such the Guarantor under the this Guaranty. Each The Guarantor further understands and acknowledges that in the absence of this paragraph, such potential impairment or destruction of such the Guarantor’s rights, if any, may entitle such the Guarantor to assert a defense to this Guaranty based on Section 580d of the California Code of Civil Procedure as interpreted in Union Bank x.
Appears in 1 contract
Samples: Credit Agreement (Diamond Foods Inc)