Additional Guarantor Waivers and Agreements. (a) Each Guarantor understands and acknowledges that if Agent forecloses judicially or 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 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 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 Guarantor understands and acknowledges that if the Collateral Agent forecloses judicially or non-judicially 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 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 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 Agent forecloses judicially or non-judicially 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 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 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 Agent forecloses judicially or non-judicially 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 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 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 Agent the Lender forecloses judicially or non-judicially 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 Borrowers 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 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)