Common use of Election of Remedies, Etc Clause in Contracts

Election of Remedies, Etc. Any election of remedies which results in the denial or impairment of the right of any Noteholder to seek a deficiency judgment against the Issuer shall not impair any Guarantor's obligations to pay the full amount of the Guaranteed Obligations. In the event any Noteholder shall bid at any foreclosure or trustee's sale or at any private sale permitted by law or this Agreement, such Noteholder may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by such Noteholder but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether any Noteholder or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the collateral and the difference between such bid amount and the remaining balance of the Guaranteed Obligations shall be conclusively deemed to be the amount of the Guaranteed Obligations guaranteed under the provisions of this Article 6, notwithstanding that any present or future law or court decision or ruling may have the effect of reducing the amount of any deficiency claim to which any Noteholder might otherwise be entitled but for such bidding at any such sale.

Election of Remedies, Etc. Any election of remedies which results in the denial or impairment of the right of any Noteholder Holder to seek a deficiency judgment against the Issuer shall not impair any Guarantor's the Guarantors' obligations to pay the full amount of the Guaranteed Obligations. In the event any Noteholder Holder shall bid at any foreclosure or trustee's sale or at any private sale permitted by law or this Agreementthe Transaction Documents, such Noteholder Holder may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by such Noteholder Holder but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether any Noteholder Holder or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the collateral and the difference between such bid amount and the remaining balance of the Guaranteed Obligations shall be conclusively deemed to be the amount of the Guaranteed Obligations guaranteed under the provisions of this Article 67, notwithstanding that any present or future law or court decision or ruling may have the effect of reducing the amount of any deficiency claim to which any Noteholder Holder might otherwise be entitled but for such bidding at any such sale.

Election of Remedies, Etc. Any election of remedies which results in the denial or impairment of the right of any Noteholder to seek a deficiency judgment against the Issuer shall not impair any Guarantor's ’s obligations to pay the full amount of the Guaranteed Obligations. In the event any Noteholder shall bid at any foreclosure or trustee's ’s sale or at any private sale permitted by law or this Agreementthe Documents, such Noteholder may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by such Noteholder but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether any Noteholder or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the collateral and the difference between such bid amount and the remaining balance of the Guaranteed Obligations shall be conclusively deemed to be the amount of the Guaranteed Obligations guaranteed under the provisions of this Article 68, notwithstanding that any present or future law or court decision or ruling may have the effect of reducing the amount of any deficiency claim to which any Noteholder might otherwise be entitled but for such bidding at any such sale.

Election of Remedies, Etc. Any election of remedies which that results in the denial or impairment of the right of any Noteholder the Lender to seek a deficiency judgment against the Issuer shall not impair any Guarantor's obligations to pay the full amount of the Guaranteed Obligations. In the event any Noteholder the Lender shall bid at any foreclosure or trustee's sale or at any private sale permitted by law or this Agreementthe Loan Documents, such Noteholder the Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by such Noteholder the Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such salepublic auction, whether any Noteholder the Lender or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the collateral and the difference between such bid amount and the remaining balance of the Guaranteed Obligations shall be conclusively deemed to be the amount of the Guaranteed Obligations guaranteed under the provisions of this Article 6Article, notwithstanding that any present or future law or court decision or ruling may have the effect of reducing the amount of any deficiency claim to which any Noteholder the Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies, Etc. Any election of remedies which results in the denial or impairment of the right of any Noteholder to seek a deficiency judgment against the Issuer shall not impair any Guarantor's obligations to pay the full amount of the Guaranteed Obligations. In the event any Noteholder shall bid at any foreclosure or trustee's sale or at any private sale permitted by law or this Agreementthe Documents, such Noteholder may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by such Noteholder but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether any Noteholder or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the collateral and the difference between such bid amount and the remaining balance of the Guaranteed Obligations shall be conclusively deemed to be the amount of the Guaranteed Obligations guaranteed under the provisions of this Article 68, notwithstanding that any present or future law or court decision or ruling may have the effect of reducing the amount of any deficiency claim to which any Noteholder might otherwise be entitled but for such bidding at any such sale.

Election of Remedies, Etc. Any election of remedies which results in the denial or impairment of the right of the Agent or any Noteholder Lender to seek a deficiency judgment against the Issuer Borrower shall not impair any Guarantor's obligations the Guarantors' obligation to pay the full amount of the Guaranteed Obligations. In the event the Agent or any Noteholder Lender shall bid at any foreclosure or trustee's sale or at any private sale permitted by law or this Agreementthe Transaction Documents, such Noteholder the Agent or any Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by such Noteholder the Agent or any Lender but shall be credited against the Guaranteed ObligationsObligations held by such Agent or Lender. The amount of the successful bid at any such sale, whether the Agent, any Noteholder Lender or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the collateral and the difference between such bid amount and the remaining balance of the Guaranteed Obligations shall be conclusively deemed to be the amount of the Guaranteed Obligations obligations guaranteed under the provisions of this Article 6Guaranty, notwithstanding that any present or future law or court decision or ruling may have the effect of reducing the amount of any deficiency claim to which the Agent or any Noteholder Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies, Etc. Any election of remedies which results in the denial or impairment of the right of any Noteholder the Lessor to seek a deficiency judgment against the Issuer Guaranteed Subsidiary shall not impair any the Parent Guarantor's obligations obligation to pay the full amount of the Guaranteed Obligations. In the event any Noteholder the Lessor shall bid at any foreclosure or trustee's sale or at any private sale permitted by law or this Agreementthe Related Documents, such Noteholder the Lessor may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by such Noteholder the Lessor but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether any Noteholder the Lessor or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the collateral and the difference between such bid amount and the remaining balance of the Guaranteed Obligations shall be conclusively deemed to be the amount of the Guaranteed Obligations obligations guaranteed under the provisions of this Article 6Guaranty, notwithstanding that any present or future law or court decision or ruling may have the effect of reducing the amount of any deficiency claim to which any Noteholder the Lessor might otherwise be entitled but for such bidding at any such sale. 14 12.

Election of Remedies, Etc. Any election of remedies which results in the denial or impairment of the right of any Noteholder Lender to seek a deficiency judgment against the Issuer Borrower shall not impair any Guarantor's obligations ’s obligation to pay the full amount of the Guaranteed Obligations. In the event any Noteholder Lender shall bid at any foreclosure or trustee's ’s sale or at any private sale permitted by law law, the Credit Agreement or this Agreementthe other Loan Documents, such Noteholder Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by such Noteholder Xxxxxx but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether any Noteholder or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the collateral and the difference between such bid amount and the remaining balance of the Guaranteed Obligations shall be conclusively deemed to be the amount of the Guaranteed Obligations obligations guaranteed under this Guaranty, up to the provisions of this Article 6then-applicable Guaranteed Amount, notwithstanding that any present or future law or court decision or ruling may have the effect of reducing the amount of any deficiency claim to which any Noteholder Lender might otherwise be entitled but for such bidding at any such sale.