Common use of Election of Remedies Clause in Contracts

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s 's obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender We may, under applicable law, proceed to realize its Our benefits under any of the Loan Documents giving Agent or such Lender Us a Lien upon any Collateral, whether owned by any Borrower of You or by any other Person, either by judicial foreclosure or by non-non judicial sale or enforcement, Agent or any Lender We may, at its Our sole option, determine which of its Our remedies or rights it We may pursue without affecting any of its Our rights and remedies under this Section 12Section. If, in the exercise of any of its Our rights and remedies, Agent or any Lender We shall forfeit any of its Our rights or remedies, including its Our right to enter a deficiency judgment against any Borrower of You or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower of You hereby consents to such action by Agent or such Lender Us and waives any claim based upon such action, even if such action by Agent or such Lender Us shall result in a full or partial loss of any rights of subrogation that each Borrower any of You might otherwise have had but for such action by Agent or such LenderUs. Any election of remedies that results in the denial or impairment of the any right of Agent or any Lender Ours to seek a deficiency judgment against any Borrower of You shall not impair any other Borrower’s obligation the respective obligations of the rest of You to pay the full amount of the Secured Obligations. In the event Agent or any Lender We shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender We may bid all or less than the amount of the Secured Obligations and the amount of such bid need not be paid by Agent or such Lender Us but shall be credited against the Secured Obligations. The amount of the successful bid at any such sale, whether Agent, Lender We are 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 Secured Obligations shall be conclusively deemed to be the amount of the Secured Obligations guaranteed under this Section 12Section, 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 Agent or any Lender We might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under this Agreement or any of the Loan Documents other Credit Document giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1213.5. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Credit Party or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Credit Party hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which such Credit Party might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other BorrowerCredit Party’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law law, this Agreement or the Loan Documentsany other Credit Document, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall may be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, 13.5 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Co-Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1216. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remediesremedies (including, including without limitation, its right to enter a deficiency judgment against any Co-Borrower or any other Person), whether because of any applicable laws pertaining to “election of remedies” or the like, each Co-Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Co-Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Co-Borrower shall not impair any other Co-Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, a 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1216, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender and Lenders a Lien upon any Collateral, whether Collateral owned by any Borrower or by any other PersonCredit Party, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonCredit Party, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Guarantors hereby consents consent to such action by Agent or such Lender and waives waive any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which Guarantors might otherwise have had but for such action by Agent or such LenderAgent. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other Borrower’s each Guarantor's obligation to pay the full amount of the Guaranteed Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the Collateral 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 this Section 12Guaranty, 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 Agent or any Lender and Lenders might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender other Secured Party may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender other Secured Party a Lien upon any Collateral, whether owned by any Borrower Credit Party or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender other Secured Party may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1213. If, in the exercise of any of its rights and remedies, Agent or any Lender other Secured Party shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Credit Party or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Credit Party hereby consents to such action by Agent or such Lender other Secured Party and waives any claim based upon such action, even if such action by Agent or such Lender other Secured Party shall result in a full or partial loss of any rights of subrogation that each Borrower such Credit Party might otherwise have had but for such action by Agent or such Lenderother Secured Party. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender other Secured Party to seek a deficiency judgment against any Borrower Credit Party shall not impair any other BorrowerCredit Party’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender other Secured Party shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender other Secured Party may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender other Secured Party but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, Lender other Secured Party 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1213, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-non judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateralcollateral, whether owned by any Borrower Credit Party or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1213. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Credit Party or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Credit Party hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower such Credit Party might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other BorrowerCredit Party’s obligation to pay the full amount of the ObligationsObligations hereunder. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations hereunder and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the ObligationsObligations hereunder. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral collateral and the difference between such bid amount and the remaining balance of the Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1213, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender Secured Creditor may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender Secured Creditor a Lien upon any Collateral, whether owned by any Borrower Guarantor or by any other Person, either by judicial foreclosure or by non-non judicial sale or enforcement, Agent or any Lender such Secured Creditor may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 122. If, in the exercise of any of its rights and remedies, Agent or any Lender Secured Creditor shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Guarantor or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender Secured Creditor and waives waives, to the extent permitted by applicable law, any claim based upon such action, even if such action by Agent or such Lender Secured Creditor shall result in a full or partial loss of any rights of subrogation that each Borrower Guarantor might otherwise have had but for such action by Agent or such LenderSecured Creditor. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender Secured Creditor to seek a deficiency judgment against any Borrower Guarantor shall not impair any other BorrowerGuarantor’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender Secured Creditor shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender Secured Creditor may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or the such Lender Secured Creditor but shall be credited against the Obligations. The amount of the successful bid at any such public sale, whether Agent, Lender such Secured Creditor 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 122, 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 Agent or any Lender Secured Creditor might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender the Purchaser may, under applicable law, proceed to realize its benefits under any of the Loan Transaction Documents giving Agent or such Lender the Purchaser a Lien upon any Collateral, whether owned by any Borrower Guarantor or by any other Person, either by judicial foreclosure or by non-judicial nonjudicial sale or enforcement, Agent or any Lender the Purchaser may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 122. If, in the exercise of any of its rights and remedies, Agent or any Lender the Purchaser shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Guarantor or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender the Purchaser and waives waives, to the extent permitted by applicable law, any claim based upon such action, even if such action by Agent or such Lender Purchaser shall result in a full or partial loss of any rights of subrogation that each Borrower Guarantor might otherwise have had but for such action by Agent or such Lenderthe Purchaser. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender the Purchaser to seek a deficiency judgment against any Borrower Guarantor shall not impair any other BorrowerGuarantor’s obligation to pay the full amount of the Secured Obligations. In the event Agent or any Lender the Purchaser shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Transaction Documents, Agent or such Lender the Purchaser may bid all or less than the amount of the Secured Obligations and the amount of such bid need not be paid by Agent or such Lender the Purchaser but shall be credited against the Secured Obligations. The amount of the successful bid at any such public sale, whether Agent, Lender the Purchaser 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 Secured Obligations shall be conclusively deemed to be the amount of the Secured Obligations guaranteed under this Section 122, 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 Agent or any Lender the Purchaser might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Administrative Agent or any Lender may, under applicable lawApplicable Law, proceed to realize its benefits under any of the Loan Documents giving Administrative Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Administrative Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1214. If, in the exercise of any of its rights and remedies, Administrative Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws Applicable Laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Administrative Agent or such Lender and waives any claim based upon such action, even if such action by Administrative Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Administrative Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Administrative Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Administrative Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Administrative Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Administrative Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Administrative Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1214, 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 Administrative Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender Bank may, under applicable law, proceed to realize its benefits under this Agreement or any of the Loan Documents Ancillary Agreement giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1211. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the ObligationsLiabilities. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documentsthis Agreement or any Ancillary Agreements, Agent or such Lender may bid all or less than the amount of the Obligations Liabilities and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the ObligationsLiabilities. The amount of the successful bid at any such sale, whether Agent, such 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 Obligations Liabilities shall be conclusively deemed to be the amount of the Obligations Liabilities guaranteed under this Section 1211, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If the Collateral Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving the Collateral Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower Loan Party or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, the Collateral Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1213. If, in the exercise of any of its rights and remedies, the Collateral Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Loan Party or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Guarantor hereby consents to such action by the Collateral Agent or such Lender and waives any claim based upon such action, even if such action by the Collateral Agent or such Lender shall result in a full or partial loss of any rights of subrogation that which each Borrower Guarantor might otherwise have had but for such action by the Collateral Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of the Collateral Agent or any Lender to seek a deficiency judgment against any Borrower Guarantor shall not impair any other BorrowerGuarantor’s obligation to pay the full amount of the Obligations. In the event the Collateral Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, the Collateral Agent (either directly or through one or more acquisition vehicles) or such Lender may bid all or less than the amount of offset the Obligations and against the amount purchase price of such bid need not be paid by Agent in lieu of accepting cash or other non-cash consideration in connection with such Lender but shall be credited against the Obligationssale or other disposition. The amount of the successful bid at any such sale, whether the Collateral Agent, any Lender or any other party is the successful bidder, shall be conclusively deemed to be the fair market and reasonably equivalent value of the Collateral and the difference between such bid amount and the remaining balance of the Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1213, 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 Collateral Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that which each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s 's obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If any Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving such Agent or such Lender a Lien upon any Collateral, whether owned by any US Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, any Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1210. If, in the exercise of any of its rights and remedies, any Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any US Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each US Borrower hereby consents to such action by such Agent or such Lender and waives any claim based upon such action, even if such action by such Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each US Borrower might otherwise have had but for such action by such Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of any Agent or any Lender to seek a deficiency judgment against any US Borrower shall not impair any other US Borrower’s obligation to pay the full amount of the Obligations. In the event any Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, such Agent or such Lender may bid all or less than the amount of the Obligations guaranteed hereunder and the amount of such bid need not be paid by such Agent or such Lender but shall be credited against the ObligationsObligations guaranteed hereunder. The amount of the successful bid at any such sale, whether any Agent, any 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1210, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1213. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each such Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1213, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1211. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each which such Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s 's obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall may be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1211, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and and, to the extent permitted by law, waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent the Administrative Agent, any L/C Issuer or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent the Administrative Agent, such L/C Issuer or such Lender a Lien upon any Collateralcollateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent the Administrative Agent, any L/C Issuer or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12Article XI. If, in the exercise of any of its rights and remedies, Agent the Administrative Agent, any L/C Issuer or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent the Administrative Agent, such L/C Issuer or such Lender and waives any claim based upon such action, even if such action by Agent the Administrative Agent, such L/C Issuer or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent the Administrative Agent, such L/C Issuer or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent the Administrative Agent, any L/C Issuer or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrowerthe Company’s obligation to pay the full amount of the Obligations. In the event Agent the Administrative Agent, any L/C Issuer or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent the Administrative Agent, such L/C Issuer or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent the Administrative Agent, such L/C Issuer or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether the Administrative Agent, a L/C Issuer, a Lender or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral collateral and the difference between such bid amount and the remaining balance of the Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12Article XI, 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 Agent the Administrative Agent, any L/C Issuer or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1210. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s 's obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1210, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1210. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1210, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1213. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s 's obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1213, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-non judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the ObligationsSecured Obligations guaranteed hereunder by such Borrower. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Secured Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Secured Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Secured Obligations shall be conclusively deemed to be the amount of the Secured Obligations guaranteed by the applicable Borrowers under this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1210. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s 's obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such public sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1210, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. (a) If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1211. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each which such Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s 's obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall may be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1211, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale. In addition, each Borrower waives all rights and defenses arising out of an election of remedies by Lender, even though the election of remedies, such as a non-judicial foreclosure with respect to security for the Obligations, has destroyed any Borrower's rights of subrogation and reimbursement against the principal by the operation of Section 580d of the California Code of Civil Procedure or otherwise. Without limiting the generality of the foregoing, each Borrower waives any defenses or rights under or of the kind described in California Civil Code sections 2795, 2808, 2809, 2810, 2815, 2819 through 2825 (inclusive), 2832, 2839, and 2845 through 2850 (inclusive) and similar laws in other jurisdictions.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under this Agreement or any of the Loan Documents Ancillary Agreement giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 128. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s 's obligation to pay the full amount of the ObligationsLiabilities. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documentsthis Agreement or any Ancillary Agreements, Agent or such Lender may bid all or less than the amount of the Obligations Liabilities and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the ObligationsLiabilities. The amount of the successful bid at any such sale, whether Agent, such 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 Obligations Liabilities shall be conclusively deemed to be the amount of the Obligations Liabilities guaranteed under this Section 128, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Debt Documents giving Agent or such Lender and Lenders a Lien lien upon any Collateral, whether Collateral owned by any Borrower or by any other PersonCredit Party, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonCredit Party, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which Guarantor might otherwise have had but for such action by Agent or such LenderAgent. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other BorrowerGuarantor’s obligation to pay the full amount of the Guaranteed Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Debt Documents, Agent or such Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the Collateral 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 this Section 12Guaranty, 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 Agent or any Lender and Lenders might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If any Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender person a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, any Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, any Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower hereby consents to such action by such Agent or such Lender and waives any claim based upon such action, even if such action by such Agent or such Lender shall result in a full or partial loss of any rights of subrogation that which each Borrower might otherwise have had but for such action by such Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of any Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s 's obligation to pay the full amount of the Obligations. In the event any Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, such Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by such Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, any Agent or 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any the Borrower or by any other Person, either by judicial foreclosure or by non-non judicial sale or enforcement, Agent or any such Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12Article XVIII. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any the Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each the Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower Loan Party might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any the Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, Lender any 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12Article XVIII, 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 Agent or any such Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If the Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving the Agent or such Lender and the Lenders a Lien upon any Collateral, whether Collateral owned by any Borrower or by any other Personobligor for the Guaranteed Obligations, either by judicial foreclosure or by non-judicial sale or enforcement, the Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, the Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Personobligor for the Guaranteed Obligations, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower the Guarantor hereby consents to such action by the Agent or such Lender and waives any claim based upon such action, even if such action by the Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which the Guarantor might otherwise have had but for such action by Agent or such Lenderthe Agent. Any election of remedies that which results in the denial or impairment of the right of the Agent or any Lender to seek a deficiency judgment against any Borrower obligor for the Guaranteed Obligations shall not impair any other Borrowerthe Guarantor’s obligation to pay the full amount of the Guaranteed Obligations. In the event the Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, the Agent or such Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by the Agent or such Lender but shall be credited against the Guaranteed Obligations. The To the fullest extent permitted by law, the amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the Collateral 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 this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such saleGuaranty.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien lien upon any Collateral, whether Collateral owned by any Borrower or by any other PersonBorrower, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonBorrower, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which Guarantor might otherwise have had but for such action by Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other BorrowerGuarantor’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively presumptively deemed to be the fair market value of the Collateral collateral and the difference between such bid amount and the remaining balance of the Obligations shall be conclusively presumptively deemed to be the amount of the Obligations guaranteed under this Section 12Guaranty, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1213. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1213, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any the Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such the Lender a Lien upon any Collateralcollateral, whether owned by any Borrower Loan Party or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any the Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. Article X. If, in the exercise of any of its rights and remedies, Agent or any the Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Loan Party or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Guarantor hereby consents to such action by Agent or such the Lender and waives any claim based upon such action, even if such action by Agent or such the Lender shall result in a full or partial loss of any rights of subrogation that which each Borrower Guarantor might otherwise have had but for such action by Agent or such the Lender. Any election of remedies that which results in the denial or impairment of the right of Agent or any the Lender to seek a deficiency judgment against the any Borrower Loan Party shall not impair any other BorrowerGuarantor’s obligation to pay the full amount of the Obligations. In the event Agent or any the Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such the Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such the Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, the Lender or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral collateral and the difference between such bid amount and the remaining balance of the Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12Article X, 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 Agent or any the Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender We may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender Us a Lien upon any Borrower Collateral or Pledged Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial nonjudicial sale or enforcement, Agent or any Lender then We may, at its Our sole option, determine which of its Our remedies or rights it We may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its Our rights and remedies, Agent or any Lender We shall forfeit any of its Our rights or remedies, including its Our right to enter a deficiency judgment against any Borrower You or any other PersonBorrower, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents You, to the fullest extent permitted by applicable law, consent to such action by Agent or such Lender Us and waives waive any claim based upon such action, even if such action by Agent or such Lender Us shall result in a full or partial loss of any rights of subrogation that each Borrower You might otherwise have had but for such action by Agent or such LenderUs. Any election of remedies that results in the denial or impairment of the Our right of Agent or any Lender to seek a deficiency judgment against any You or Borrower shall not impair any other Borrower’s Your obligation to pay the full amount of the Guaranteed Obligations. In the event Agent or any Lender We shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender We may bid all or less PLAIN ENGLISH LIMITED RECOURSE CONTINUING GUARANTY (GEVO DEVELOPMENT) than the amount of the Secured Obligations and the amount of such bid need not be paid by Agent or such Lender Us but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the Collateral 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 this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such saleGuaranty.

Election of Remedies. If Agent or any the Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such the Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any the Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 129. If, in the exercise of any of its rights and remedies, Agent or any the Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such the Lender and waives any claim based upon such action, even if such action by Agent or such the Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such the Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any the Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any the Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such the Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such the Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 129, 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 Agent or any the Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under this Agreement or any of the Loan Documents other Credit Document giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1213.5. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Credit Party or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Credit Party hereby consents to such action by Agent or such Lender Lxxxxx and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which such Credit Party might otherwise have had but for such action by Agent or such LenderLxxxxx. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other BorrowerCredit Party’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law law, this Agreement or the Loan Documentsany other Credit Document, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender Lxxxxx but shall may be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, 13.5 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender Purchaser may, under applicable law, proceed to realize its benefits under this Agreement or any of the Loan Documents Transaction Agreement giving Agent or such Lender Purchaser a Lien upon any Collateral, whether owned by any Borrower Issuer or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender Purchaser may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 129. If, in the exercise of any of its rights and remedies, Agent or any Lender Purchaser shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Issuer or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Issuer hereby consents to such action by Agent or such Lender Purchaser and waives any claim based upon such action, even if such action by Agent or such Lender Purchaser shall result in a full or partial loss of any rights of subrogation that each Borrower Issuer might otherwise have had but for such action by Agent or such LenderPurchaser. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender Purchaser to seek a deficiency judgment against any Borrower Issuer shall not impair any other Borrower’s Issuer's obligation to pay the full amount of the ObligationsLiabilities. In the event Agent or any Lender Purchaser shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documentsthis Agreement or any Transaction Agreements, Agent or such Lender Purchaser may bid all or less than the amount of the Obligations Liabilities and the amount of such bid need not be paid by Agent or such Lender Purchaser but shall be credited against the ObligationsLiabilities. The amount of the successful bid at any such sale, whether Agent, Lender such Purchaser 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 Obligations Liabilities shall be conclusively deemed to be the amount of the Obligations Liabilities guaranteed under this Section 129, 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 Agent or any Lender Purchaser might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, shall be conclusively presumptively deemed to be the fair market value of the Collateral and the difference between such bid amount and the remaining balance of the Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender We may, under applicable law, proceed to realize its Our benefits under any of the Loan Documents giving Agent or such Lender Us a Lien upon any Collateral, whether owned by any Borrower of You or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender We may, at its Our sole option, determine which of its Our remedies or rights it We may pursue without affecting any of its Our rights and remedies under this Section 12Section. If, in the exercise of any of its Our rights and remedies, Agent or any Lender We shall forfeit any of its Our rights or remedies, including its Our right to enter a deficiency judgment against any Borrower of You or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower of You hereby consents to such action by Agent or such Lender Us and waives any claim based upon such action, even if such action by Agent or such Lender Us shall result in a full or partial loss of any rights of subrogation that each Borrower any of You might otherwise have had but for such action by Agent or such LenderUs. Any election of remedies that results in the denial or impairment of the any right of Agent or any Lender Ours to seek a deficiency judgment against any Borrower of You shall not impair any other Borrower’s obligation the respective obligations of the rest of You to pay the full amount of the Secured Obligations. In the event Agent or any Lender We shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender We may bid all or less than the amount of the Secured Obligations and the amount of such bid need not be paid by Agent or such Lender Us but shall be credited against the Secured Obligations. The amount of the successful bid at any such sale, whether Agent, Lender We are 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 Secured Obligations shall be conclusively deemed to be the amount of the Secured Obligations guaranteed under this Section 12Section, 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 Agent or any Lender We might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender and Lenders a Lien upon any Collateral, whether Collateral owned by any Borrower Credit Party or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Credit Party or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which either Guarantor might otherwise have had but for such action by Agent or such LenderAgent. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party or other Person shall not impair any other Borrower’s either Guarantor's obligation to pay the full amount of the ObligationsGuaranteed Obligations hereunder. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the Collateral 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 this Section 12Guaranty, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.have

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Co-Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any such Lender may, at its their sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1216. If, in the exercise of any of its rights and remedies, Agent or any such Lender shall forfeit any of its rights or remediesremedies (including, including without limitation, its right to enter a deficiency judgment against any Co-Borrower or any other Person), whether because of any applicable laws pertaining to “election of remedies” or the like, each Co-Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Co-Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Co-Borrower shall not impair any other Co-Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, a 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1216, 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 Agent or any a Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If either Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving such Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, such Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, either Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by such Agent or such Lender and waives any claim based upon such action, even if such action by such Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by such Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of either Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event either Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, such Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by such Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether either Agent, any 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, 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 either Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender We may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender Us a Lien upon any Collateral, whether Collateral owned by any Borrower You or by any other PersonBorrower, either by judicial foreclosure or by non-judicial nonjudicial sale or enforcement, Agent or any Lender then We may, at its Our sole option, determine which of its Our remedies or rights it We may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its Our rights and remedies, Agent or any Lender We shall forfeit any of its Our rights or remedies, including its Our right to enter a deficiency judgment against any Borrower You or any other PersonBorrower, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents You, to the fullest extent permitted by applicable law, consent to such action by Agent or such Lender Us and waives waive any claim based upon such action, even if such action by Agent or such Lender Us shall result in a full or partial loss of any rights of subrogation that each Borrower You might otherwise have had but for such action by Agent or such LenderUs. Any election of remedies that results in the denial or impairment of the Our right of Agent or any Lender to seek a deficiency judgment against any You or Borrower shall not impair any other Borrower’s Your obligation to pay the full amount of the Guaranteed Obligations. In the event Agent or any Lender We shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender We may bid all or less than the amount of the Secured Obligations and the amount of such bid need not be paid by Agent or such Lender Us but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the Collateral 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 this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such saleGuaranty.

Election of Remedies. If Agent Agents or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent Agents or such Lender a Lien upon any Collateral, whether owned by any U.S. Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent Agents or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1210 in its entirety. If, in the exercise of any of its rights and remedies, Agent Agents or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any U.S. Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each U.S. Borrower hereby consents to such action by Agent Agents or such Lender and waives any claim based upon such action, even if such action by Agent Agents or such Lender shall result in a full or partial loss of any rights of subrogation that each U.S. Borrower might otherwise have had but for such action by Agent Agents or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent Agents or any Lender to seek a deficiency judgment against any Borrower other Person shall not impair any other Borrower’s obligation to pay the full amount of the ObligationsObligations (subject to Section 10.7, in the case of Canadian Borrower and its Subsidiaries). In the event Agent Agents or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent Agents or such Lender may bid all or less than the amount of the Obligations guaranteed hereunder and the amount of such bid need not be paid by Agent Agents or such Lender but shall be credited against the ObligationsObligations guaranteed hereunder. The amount of the successful bid at any such sale, whether AgentAgents, 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 Obligations guaranteed hereunder shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1210 in its entirety, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower Credit Party or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Credit Party or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Credit Party hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower Credit Party might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Credit Parties shall not impair any other Borrower’s Credit Party's obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Administrative Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Administrative Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Administrative Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12Article XIV. If, in the exercise of any of its rights and remedies, Administrative Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Administrative Agent or such Lender and waives any claim based upon such action, even if such action by Administrative Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Administrative Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Administrative Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s 's obligation to pay the full amount of the Obligations. In the event Administrative Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Administrative Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Administrative Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Administrative Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12Article XIV, 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 Administrative Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender We may, under applicable law, proceed to realize its Our benefits under any of the Loan Documents giving Agent or such Lender Us a Lien upon any Collateral, whether owned by any Borrower of You or by any other Person, either by judicial foreclosure or by non-non judicial sale or enforcement, Agent or any Lender We may, at its Our sole option, determine which of its Our remedies or rights it We may pursue without affecting any of its Our rights and remedies under this Section 12Section. If, in the exercise of any of its Our rights and remedies, Agent or any Lender We shall forfeit any of its Our rights or remedies, including its Our right to enter a Growth Capital Loan - ENDOCHOICE 15 deficiency judgment against any Borrower of You or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower of You hereby consents to such action by Agent or such Lender Us and waives any claim based upon such action, even if such action by Agent or such Lender Us shall result in a full or partial loss of any rights of subrogation that each Borrower any of You might otherwise have had but for such action by Agent or such LenderUs. Any election of remedies that results in the denial or impairment of the any right of Agent or any Lender Ours to seek a deficiency judgment against any Borrower of You shall not impair any other Borrower’s obligation the respective obligations of the rest of You to pay the full amount of the Secured Obligations. In the event Agent or any Lender We shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender We may bid all or less than the amount of the Secured Obligations and the amount of such bid need not be paid by Agent or such Lender Us but shall be credited against the Secured Obligations. The amount of the successful bid at any such sale, whether Agent, Lender We are 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 Secured Obligations shall be conclusively deemed to be the amount of the Secured Obligations guaranteed under this Section 12Section, 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 Agent or any Lender We might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender mayXxxxx Fargo, under applicable law, proceed proceeds to realize its benefits under any of the Loan Documents giving Agent Xxxxx Fargo a security interest in or such Lender a Lien lien upon any Collateral, whether owned by any Co-Borrower or by any other PersonGuarantor, either by judicial foreclosure or by non-non judicial sale or enforcement, Agent or any Lender Xxxxx Fargo may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its the rights and remedies under this Section 12Section. If, in the exercise of any of its rights and remedies, Agent or any Lender Xxxxx Fargo shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Co-Borrower or any other PersonGuarantor, whether because of any applicable laws pertaining to “election of remedies” or the like, each Co-Borrower hereby consents to such action by Agent or such Lender Xxxxx Fargo and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender Xxxxx Fargo to seek a deficiency judgment against any Co-Borrower shall not impair any other Co-Borrower’s obligation to pay the full amount of the ObligationsIndebtedness and other amounts owed or hereafter owing under this Agreement. In the event Agent or any Lender Xxxxx Fargo shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender Xxxxx Fargo may bid all or less than the amount of the Obligations Indebtedness and other amounts owed or hereafter owing under this Agreement and the amount of such bid need not be paid by Agent or such Lender Xxxxx Fargo but shall be credited against the Obligationssuch Indebtedness and other amounts. The amount of the successful bid at any such sale, whether Agent, Lender Xxxxx Fargo 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 Obligations Indebtedness and other amounts owed or hereafter owing under this Agreement shall be conclusively deemed to be the remaining outstanding amount of the Obligations Indebtedness and other amounts guaranteed under this Section 12Section, 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 Agent or any Lender Xxxxx Fargo might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If the Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving the Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower Loan Party or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, the Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1213. If, in the exercise of any of its rights and remedies, the Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Loan Party or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Loan Party hereby consents to such action by the Agent or such Lender and waives any claim based upon such action, even if such action by the Agent or such Lender shall result in a full or partial loss of any rights of subrogation that which each Borrower Loan Party might otherwise have had but for such action by the Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of the Agent or any Lender to seek a deficiency judgment against any Borrower Loan Party shall not impair any other BorrowerLoan Party’s obligation to pay the full amount of the Obligations. In the event the Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, the Agent (either directly or through one or more acquisition vehicles) or such Lender may bid all or less than the amount of offset the Obligations and against the amount purchase price of such bid need not be paid by Agent in lieu of accepting cash or other non-cash consideration in connection with such Lender but shall be credited against the Obligationssale or other disposition. The amount of the successful bid at any such sale, whether the Agent, any Lender or any other party is the successful bidder, shall be conclusively deemed to be the fair market and reasonably equivalent value of the Collateral and the difference between such bid amount and the remaining balance of the Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1213, 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 Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If any Agent or any Lender may, under applicable lawApplicable Law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender the Agents and the Secured Parties a Lien upon any Collateral, whether Collateral owned by any Borrower or by any other PersonCredit Party, either by judicial foreclosure or by non-non judicial sale or enforcement, the Collateral Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, the Collateral Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonCredit Party, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower the Guarantors hereby consents consent to such action by any Agent or such Lender and waives waive any claim based upon such action, even if such action by any Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which the Guarantors might otherwise have had but for such action by Agent or such Lenderany Agent. Any election of remedies that results in the denial or impairment of the right of any Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other Borrowereach Guarantor’s obligation to pay the full amount of the Guaranteed Obligations. In the event any Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, such Agent or such 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 Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender 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 guaranteed under this Section 12the Guaranty, 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 Administrative Agent or any Lender and the Secured Parties might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender and Secured Parties a Lien upon any Collateral, whether owned by Collateral of any Borrower or by any other PersonCredit Party, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonCredit Party, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender and waives waives, to the fullest extent permitted by law, any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which such Guarantor might otherwise have had but for such action by Agent or such LenderAgent. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other Borrowereach Guarantor’s obligation to pay the full amount of the Guaranteed Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral and the Any 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 this Section 12Guaranty; provided, 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 Agent or any Lender and Secured Parties might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If the Administrative Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving the Administrative Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-non judicial sale or enforcement, the Administrative Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section Article 12. If, in the exercise of any of its rights and remedies, the Administrative Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by the Administrative Agent or such Lender and waives any claim based upon such action, even if such action by the Administrative Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each such Borrower might otherwise have had but for such action by the Administrative Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of the Administrative Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event the Administrative Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, the Administrative Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by the Administrative Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether the Administrative Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section Article 12, 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 Administrative Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender We may, under applicable law, proceed to realize its Our benefits under any of the Loan Documents giving Agent or such Lender Us a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender We may, at its Our sole option, determine which of its Our remedies or rights it We may pursue without affecting any of its Our rights and remedies under this Section 12Section. If, in the exercise of any of its Our rights and remedies, Agent or any Lender We shall forfeit any of its Our rights or remedies, including its Our right to enter a deficiency judgment against any Borrower of You or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower of You hereby consents to such action by Agent or such Lender Us and waives any claim based upon such action, even if such action by Agent or such Lender Us shall result in a full or partial loss of any rights of subrogation that each Borrower any of You might otherwise have had but for such action by Agent or such LenderUs. Any election of remedies that results in the denial or impairment of the any right of Agent or any Lender Ours to seek a deficiency judgment against any Borrower of You shall not impair any other Borrower’s obligation the respective obligations of the rest of You to pay the full amount of the Secured Obligations. In the event Agent or any Lender We shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender We may bid all or less than the amount of the Secured Obligations and the amount of such bid need not be paid by Agent or such Lender Us but shall be credited against the Secured Obligations. The amount of the successful bid at any such sale, whether Agent, Lender We are 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 Secured Obligations shall be conclusively deemed to be the amount of the Secured Obligations guaranteed under this Section 12Section, 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 Agent or any Lender We might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any the Borrower or by any other Person, either by judicial foreclosure or by non-non judicial sale or enforcement, Agent or any such Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12Article 18. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any the Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each the Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower Loan Party might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any the Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, Lender any 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12Article 18, 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 Agent or any such Lender might otherwise be entitled but for such bidding at any such sale.. 104

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12Article IX. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any the Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12Article IX, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower Credit Party or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Credit Party or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Credit Party hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower Credit Party might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Credit Parties shall not impair any other BorrowerCredit Party’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether collateral owned by any Borrower or by any other PersonLoan Party, either by judicial foreclosure or by non-judicial non‑judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonLoan Party, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which Guarantor might otherwise have had but for such action by Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Loan Party shall not impair any other BorrowerGuarantor’s obligation to pay the full amount of the Guaranteed Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the Collateral 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 this Section 12Guaranty, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Administrative Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender Secured Parties a Lien upon any Collateral, whether Collateral owned by any Borrower or by any other PersonCredit Party, either by judicial foreclosure or by non-judicial sale or enforcement, Administrative Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Agreement. If, in the exercise of any of its rights and remedies, Administrative Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonCredit Party, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Guarantors hereby consents consent to such action by Administrative Agent or such Lender and waives waive any claim based upon such action, even if such action by Administrative Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which Guarantors might otherwise have had but for such action by Agent or such LenderAdministrative Agent. Any election of remedies that which results in the denial or impairment of the right of Administrative Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other Borrower’s each Guarantor's obligation to pay the full amount of the Obligations. In the event Administrative Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Administrative Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Administrative Agent or such Lender but shall be credited against the ObligationsObligations in accordance with Section 1.3. The amount of the successful bid at any such sale, whether Agent, Lender 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12Agreement, 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 Agent or any Lender Secured Parties might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Credit Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that which each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s 's obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Credit Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Administrative Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Administrative Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower Loan Party or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Administrative Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12Article 11. If, in the exercise of any of its rights and remedies, Administrative Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Loan Party or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Loan Party hereby consents to such action by Administrative Agent or such Lender and waives any claim based upon such action, even if such action by Administrative Agent or such Lender shall result in a full or partial loss of any rights of subrogation that which each Borrower Loan Party might otherwise have had but for such action by Administrative Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of Administrative Agent or any Lender to seek a deficiency judgment against any Borrower Loan Party shall not impair any other Borrower’s Loan Party's obligation to pay the full amount of the Obligations. In the event Administrative Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Administrative Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Administrative Agent or such Lender but but, at the election of Administrative Agent or such Lender, shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Administrative Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12Article 11, 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 Administrative Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If any Agent or any Lender may, under applicable lawApplicable Law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender the Agents and the Lenders a Lien upon any Collateral, whether Collateral owned by any Borrower or by any other PersonCredit Party, either by judicial foreclosure or by non-judicial sale or enforcement, the Collateral Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, the Collateral Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonCredit Party, whether because of any applicable laws Applicable Laws pertaining to “election of remedies” or the like, each Borrower the Guarantors hereby consents consent to such action by any Agent or such Lender and waives waive any claim based upon such action, even if such action by any Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which the Guarantors might otherwise have had but for such action by Agent or such Lenderany Agent. Any election of remedies that results in the denial or impairment of the right of any Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other Borrowereach Guarantor’s obligation to pay the full amount of the Guaranteed Obligations. In the event any Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, such Agent or such 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 Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender 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 guaranteed under this Section 12the Guaranty, 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 Administrative Agent or any Lender and the Lenders might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender and Lenders a Lien upon any Collateral, whether Collateral owned by any Borrower Credit Party or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Credit Party or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which either Guarantor might otherwise have had but for such action by Agent or such LenderAgent. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party or other Person shall not impair any other Borrower’s either Guarantor's obligation to pay the full amount of the ObligationsGuaranteed Obligations hereunder. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the Collateral 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 this Section 12Guaranty, 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 Agent or any Lender and Lenders might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender and Lenders a Lien upon any Collateral, whether Collateral owned by any Borrower or by any other PersonCredit Party, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonCredit Party, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which Guarantor might otherwise have had but for such action by Agent or such LenderAgent. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other Borrower’s Guarantor's obligation to pay the full amount of the Guaranteed Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the Collateral 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 this Section 12Guaranty, 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 Agent or any Lender and Lenders might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent the Administrative Agent, any L/C Issuer or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent the Administrative Agent, such L/C Issuer or such Lender a Lien upon any Collateralcollateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial non‑judicial sale or enforcement, Agent the Administrative Agent, any L/C Issuer or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12Article XI. If, in the exercise of any of its rights and remedies, Agent the Administrative Agent, any L/C Issuer or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent the Administrative Agent, such L/C Issuer or such Lender and waives any claim based upon such action, even if such action by Agent the Administrative Agent, such L/C Issuer or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent the Administrative Agent, such L/C Issuer or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent the Administrative Agent, any L/C Issuer or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrowerthe Company’s obligation to pay the full amount of the Obligations. In the event Agent the Administrative Agent, any L/C Issuer or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent the Administrative Agent, such L/C Issuer or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent the Administrative Agent, such L/C Issuer or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether the Administrative Agent, a L/C Issuer, a Lender or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral collateral and the difference between such bid amount and the remaining balance of the Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12Article XI, 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 Agent the Administrative Agent, any L/C Issuer or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its their benefits under any of the Loan Documents giving Agent Lender, for the benefit of Lender, a security interest in or such Lender a Lien lien upon any Collateral, whether owned by any Borrower or by any other PersonGuarantor, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its their sole option, determine which of its their remedies or rights it they may pursue without affecting any of its the rights and remedies under this Section 12Section. If, in the exercise of any of its their rights and remedies, Agent or any Lender shall forfeit any of its their rights or remedies, including its their right to enter a deficiency judgment against any Borrower or any other PersonGuarantor, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the ObligationsIndebtedness and other amounts owed or hereafter owing under this Agreement. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations Indebtedness and other amounts owed or hereafter owing under this Agreement and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligationssuch Indebtedness and other amounts. The amount of the successful bid at any such sale, whether Agent, 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 Obligations Indebtedness and other amounts owed or hereafter owing under this Agreement shall be conclusively deemed to be the amount of the Obligations Indebtedness and other amounts guaranteed under this Section 12Section, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender Purchasers may, under applicable law, proceed to realize its benefits under any of the Loan Closing Documents giving Agent or such Lender Purchasers a Lien lien upon any Collateral, whether Collateral owned by any Borrower Guarantor or by any other PersonSeller, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender Purchasers may, at its their sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, Agent or any Lender Purchasers shall forfeit any of its their respective rights or remedies, including its right to enter a deficiency judgment against any Borrower Seller or any other PersonGuarantor, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender Purchasers and waives any claim based upon such action, even if such action by Agent or such Lender Purchasers shall result in a full or partial loss of any rights of subrogation that each Borrower which Guarantor might otherwise have had but for such action by Agent or such LenderPurchasers. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender Purchasers to seek a deficiency judgment against any Borrower Guarantor or Seller shall not impair any other Borrower’s Guarantor's obligation to pay the full amount of the Guaranteed Obligations. In the event Agent or any Lender Purchasers shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Closing Documents, Agent or such Lender Purchasers may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by Agent or such Lender Purchasers but shall be credited against the Guaranteed Obligations. The To the extent permitted by applicable law, the amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the Collateral 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 this Section 12Guaranty, 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 Agent or any Lender Purchasers might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the ObligationsObligations owing to it. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under this Agreement or any of the Loan Documents Related Agreements giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower Obligor or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section SECTION 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Obligor or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Obligor hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that which each Borrower Obligor might otherwise have had but for such action by Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Obligor shall not impair any other Borrower’s Obligor's obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documentsthis Agreement or any Related Agreements, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section SECTION 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale. In addition, each Obligor waives all rights and defenses arising out of an election of remedies by Lender, even though the election of remedies, such as a nonjudicial foreclosure with respect to security for the Obligations, has destroyed any Obligor's rights of subrogation and reimbursement against the principal by the operation of Section 580d of the California Code of Civil Procedure or otherwise.

Election of Remedies. If Agent or any Lender of the other Secured Parties may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender other Secured Party a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender of the other Secured Parties may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1213. If, in the exercise of any of its rights and remedies, Agent or any Lender of the other Secured Parties shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender other Secured Party and waives any claim based upon such action, even if such action by Agent or such Lender other Secured Party shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lenderother Secured Party. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender of the other Secured Parties to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender of the other Secured Parties shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender other Secured Party may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender other Secured Party but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed guarantied under this Section 1213, 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 Agent or any Lender of the other Secured Parties might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If any Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender the Agents and the Lenders a Lien upon any Collateral, whether Collateral owned by any Borrower or by any other PersonCredit Party, either by judicial foreclosure or by non-judicial sale or enforcement, the Collateral Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, the Collateral Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonCredit Party, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower the Guarantors hereby consents consent to such action by any Agent or such Lender and waives waive any claim based upon such action, even if such action by any Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which the Guarantors might otherwise have had but for such action by Agent or such Lenderany Agent. Any election of remedies that results in the denial or impairment of the right of any Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other Borrowereach Guarantor’s obligation to pay the full amount of the Guaranteed Obligations. In the event any Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, such Agent or such 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 Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender 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 guaranteed under this Section 12the Guaranty, 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 Administrative Agent or any Lender and the Lenders might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Administrative Agent or any Revolving Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Administrative Agent or such Revolving Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Administrative Agent or any Revolving Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. 13A. If, in the exercise of any of its rights and remedies, Administrative Agent or any Revolving Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower hereby consents to such action by Administrative Agent or such Revolving Lender and waives any claim based upon such action, even if such action by Administrative Agent or such Revolving Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Administrative Agent or such Revolving Lender. Any election of remedies that results in the denial or impairment of the right of Administrative Agent or any Revolving Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s 's obligation to pay the full amount of the Revolving Obligations. In the event Administrative Agent or any Revolving Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Administrative Agent or such Revolving Lender may bid all or less than the amount of the Revolving Obligations and the amount of such bid need not be paid by Administrative Agent or such Revolving Lender but shall be credited against the Revolving Obligations. The amount of the successful bid at any such sale, whether Administrative Agent, any Revolving 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 Revolving Obligations shall be conclusively deemed to be the amount of the Revolving Obligations guaranteed under this Section 1213A, 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 Administrative Agent or any Revolving Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If the Administrative Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving the Administrative Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-non judicial sale or enforcement, the Administrative Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section Article 12. If, in the exercise of any of its rights and remedies, the Administrative Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower hereby consents to such action by the Administrative Agent or such Lender and waives any claim based upon such action, even if such action by the Administrative Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each such Borrower might otherwise have had but for such action by the Administrative Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of the Administrative Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s 's obligation to pay the full amount of the Obligations. In the event the Administrative Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, the Administrative Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by the Administrative Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether the Administrative Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section Article 12, 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 Administrative Agent or any Lender might otherwise be entitled but for such bidding at any such sale.. FOURTH AMENDED AND RESTATED CREDIT AGREEMENT RUSH ENTERPRISES, INC. 75

Election of Remedies. If any Agent or any Lender may, under applicable lawApplicable Law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender the Agents and the Secured Creditors a Lien upon any Collateral, whether Collateral owned by any Borrower or by any other PersonCredit Party, either by judicial foreclosure or by non-judicial sale or enforcement, the Collateral Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, the Collateral Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonCredit Party, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower the Guarantors hereby consents consent to such action by any Agent or such Lender and waives waive any claim based upon such action, even if such action by any Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which the Guarantors might otherwise have had but for such action by Agent or such Lenderany Agent. Any election of remedies that results in the denial or impairment of the right of any Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other Borrowereach Guarantor’s obligation to pay the full amount of the Guaranteed Obligations. In the event any Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, such Agent or such 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 Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender 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 guaranteed under this Section 12the Guaranty, 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 Administrative Agent or any Lender and the Secured Creditors might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If the Agent or any Lender may, under -------------------- applicable law, proceed to realize its benefits under any of the Loan Documents giving the Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-non- judicial sale or enforcement, the Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12Article IX. If, in the exercise of any of ---------- its rights and remedies, the Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Guarantor hereby consents to such action by the Agent or such Lender and waives any claim based upon such action, even if such action by the Agent or such Lender shall result in a full or partial loss of any rights of subrogation that which each Borrower Guarantor might otherwise have had but for such action by the Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of the Agent or any Lender to seek a deficiency judgment against any Borrower or any other Guarantor shall not impair any other Borrower’s Guarantor's obligation to pay the full amount of the ObligationsObligations guaranteed by it under this Article IX. In the event ---------- the Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, the Agent or such any Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by the Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether by the Agent, any 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, Article IX 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 Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, subject to the terms of the Multi-Party Agreement, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether Collateral owned by Parent or any Borrower or by any other PersonCredit Party, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Parent or any other PersonCredit Party, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Guarantors hereby consents consent to such action by Agent or such Lender and waives waive any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which Guarantors might otherwise have had but for such action by Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against Parent or any Borrower Credit Party shall not impair any other Borrowereach Guarantor’s obligation to pay the full amount of the Guaranteed Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the Collateral 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 this Section 12Guaranty, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender and Lenders a Lien upon any Collateral, whether Collateral owned by any Borrower or by any other PersonCredit Party, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonCredit Party, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender and waives to the maximum extent permitted by law any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which Guarantor might otherwise have had but for such action by Agent or such LenderAgent. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other BorrowerGuarantor’s obligation to pay the full amount of the Guaranteed Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the Collateral 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 this Section 12Guaranty, 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 Agent or any Lender and Lenders might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If the Agent or any Lender Holder may, under applicable lawApplicable Law, proceed to realize its benefits under any of the Loan Collateral Documents giving the Agent or such Lender Holder a Lien upon any Collateral, whether owned by any Borrower of the Obligors or by any other Person, either by judicial foreclosure or by non-judicial non‑judicial sale or enforcement, the Agent or any Lender Holder may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12Article 23. If, in the exercise of any of its rights and remedies, the Agent or any Lender Holder shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Obligor or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Obligor hereby consents to such action by the Agent or such Lender Holder and waives waive any claim based upon such action, even if such action by the Agent or such Lender Holder shall result in a full or partial loss of any rights of subrogation that each Borrower Obligor might otherwise have had but for such action by the Agent or such LenderHolder. Any election of remedies that results in the denial or impairment of the right of the Agent or any Lender Holder to seek a deficiency judgment against any Borrower Obligor shall not impair any other Borrower’s Obligor's obligation to pay the full amount of the Obligations. In the event the Agent or any Lender Holder shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Collateral Documents, the Agent or such Lender Holder may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by the Agent or such Lender Holder but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether the Agent, Lender 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12due hereunder, 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 Lender Holder might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender Secured Creditor may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender Secured Creditor a Lien upon any Collateral, whether owned by any Borrower Guarantor or by any other Person, either by judicial foreclosure or by non-judicial nonjudicial sale or enforcement, Agent or any Lender such Secured Creditor may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 122. If, in the exercise of any of its rights and remedies, Agent or any Lender Secured Creditor shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Guarantor or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender Secured Creditor and waives waives, to the extent permitted by applicable law, any claim based upon such action, even if such action by Agent or such Lender Secured Creditor shall result in a full or partial loss of any rights of subrogation that each Borrower Guarantor might otherwise have had but for such action by Agent or such LenderSecured Creditor. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender Secured Creditor to seek a deficiency judgment against any Borrower Guarantor shall not impair any other BorrowerGuarantor’s obligation to pay the full amount of the Secured Obligations. In the event Agent or any Lender Secured Creditor shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender Secured Creditor may bid all or less than the amount of the Secured Obligations and the amount of such bid need not be paid by Agent or such Lender Secured Creditor but shall be credited against the Secured Obligations. The amount of the successful bid at any such public sale, whether Agent, Lender such Secured Creditor 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 Secured Obligations shall be conclusively deemed to be the amount of the Secured Obligations guaranteed under this Section 122, 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 Agent or any Lender Secured Creditor might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-non judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12Article XII. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12Article XII, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent, Collateral Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent Agent, Collateral or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent, Collateral Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower hereby consents to such action by Agent, Collateral Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that which each Borrower might otherwise have had but for such action by Agent, Collateral Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of Agent, Collateral Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s 's obligation to pay the full amount of the Obligations. In the event Agent, Collateral Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent, Collateral Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent, Collateral Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, Collateral Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, 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 Agent, Collateral Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender Supercuts may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender Supercuts a Lien lien upon any Collateralcollateral, whether owned by any Borrower La Carina or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender Supercuts may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, Agent or any Lender Supercuts shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower La Carina or any other Personperson, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender Supercuts and waives any claim based upon such action, even if such action by Agent or such Lender Supercuts shall result in a full or partial loss of any rights of subrogation that each Borrower which Guarantor might otherwise have had but for such action by Agent or such LenderSupercuts. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender Supercuts to seek a deficiency judgment against any Borrower La Carina shall not impair any other Borrower’s Guarantor's obligation to pay the full amount of the Obligations. In the event Agent or any Lender Supercuts shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender Supercuts may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender Supercuts but shall be credited against the Obligations. The amount of the successful bid at any such sale, conducted in a commercially reasonable manner, whether Agent, Lender Supercuts or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral collateral and the difference between such bid amount and the remaining balance of the Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12Guaranty, 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 Agent or any Lender Supercuts might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Co-Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1216. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remediesremedies (including, including without limitation, its right to enter a deficiency judgment against any Co-Borrower or any other Person), whether because of any applicable laws pertaining to “election of remedies” or the like, each Co-Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Co-Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Co-Borrower shall not impair any other Co-Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, a 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1216, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If the Agent, Collateral Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving the Agent, Collateral Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-non judicial sale or enforcement, the Agent, Collateral Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section Article 12. If, in the exercise of any of its rights and remedies, the Agent, Collateral Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by the Agent, Collateral Agent or such Lender and waives any claim based upon such action, even if such action by the Agent, Collateral Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each such Borrower might otherwise have had but for such action by the Agent, Collateral Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of the Agent, Collateral Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event the Agent, Collateral Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, the Agent, Collateral Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by the Agent, Collateral Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether the Agent, Collateral Agent, any 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section Article 12, 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, Collateral Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien lien upon any Collateral, whether owned by any Borrower Loan Party or by any other Person, either by judicial foreclosure or by non-non judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. Article X. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Loan Party or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Loan Party hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower Loan Party might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Loan Party shall not impair any other BorrowerLoan Party’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12Article X, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender Lenders a Lien upon any Collateral, whether Collateral owned by any Borrower or by any other PersonCredit Party, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonCredit Party, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which such Guarantor might otherwise have had but for such action by Agent or such LenderAgent. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other Borrower’s Guarantor's obligation to pay the full amount of the Guaranteed Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the Collateral 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 this Section 12Guaranty, 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 Agent or any Lender and Lenders might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender mayLender, under applicable law, proceed proceeds to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien lien or security interest upon any Collateral, (whether owned by any Borrower or by any other Personperson), either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1211. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Personperson, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that which each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s 's obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1211, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If the Administrative Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving the Administrative Agent or such Lender and the Lenders a Lien upon any Collateral, whether Collateral owned by any Borrower or by any other PersonBorrower, either by judicial foreclosure or by non-judicial sale or enforcement, the Administrative Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, the Administrative Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonBorrower, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower the Guarantors hereby consents consent to such action by the Administrative Agent or such Lender and waives waive any claim based upon such action, even if such action by the Administrative Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which the Guarantors might otherwise have had but for such action by Agent or such Lenderthe Administrative Agent. Any election of remedies that which results in the denial or impairment of the right of the Administrative Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrowereach Guarantor’s obligation to pay the full amount of the Guaranteed Obligations. In the event the Administrative Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, the Administrative Agent or such Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by the Administrative Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the Collateral 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 this Section 12Guaranty, 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 Administrative Agent or any Lender and the Lenders might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent, Collateral Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Credit Documents giving Agent, Collateral Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower Guarantor or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent, Collateral Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12SECTION 16. If, in the exercise of any of its rights and remedies, Agent, Collateral Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Guarantor or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Guarantor hereby consents to such action by Agent, Collateral Agent or such Lender and waives any claim based upon such action, even if such action by Agent, Collateral Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower Guarantor might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent, Collateral Agent or any Lender to seek a deficiency judgment against any Borrower Guarantor shall not impair any other Borrower’s Guarantor's obligation to pay the full amount of the Obligations. In the event If Agent, Collateral Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Credit Documents, Agent, Collateral Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent, Collateral Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, Collateral Agent or 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12SECTION 16, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Administrative Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender Secured Parties a Lien upon any Collateral, whether Collateral owned by any Borrower or by any other PersonCredit Party, either by judicial foreclosure or by non-judicial sale or enforcement, Administrative Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Agreement. If, in the exercise of any of its rights and remedies, Administrative Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonCredit Party, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Guarantors hereby consents consent to such action by Administrative Agent or such Lender and waives waive any claim based upon such action, even if such action by Administrative Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which Guarantors might otherwise have had but for such action by Agent or such LenderAdministrative Agent. Any election of remedies that which results in the denial or impairment of the right of Administrative Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other Borrowereach Guarantor’s obligation to pay the full amount of the Obligations. In the event Administrative Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Administrative Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Administrative Agent or such Lender but shall be credited against the ObligationsObligations in accordance with Section 1.3. The amount of the successful bid at any such sale, whether Agent, Lender 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12Agreement, 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 Agent or any Lender Secured Parties might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If any Agent or any Lender may, under applicable lawApplicable Law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender the Agents, the L/C Issuers and the Lenders a Lien upon any Collateral, whether Collateral owned by any Borrower or by any other PersonCredit Party, either by judicial foreclosure or by non-judicial sale or enforcement, the Collateral Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, the Collateral Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonCredit Party, whether because of any applicable laws Applicable Laws pertaining to “election of remedies” or the like, each Borrower the Guarantors hereby consents consent to such action by any Agent or such Lender and waives waive any claim based upon such action, even if such action by such Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which the Guarantors might otherwise have had but for such action by Agent or such LenderAgent. Any election of remedies that results in the denial or impairment of the right of any Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other Borrowereach Guarantor’s obligation to pay the full amount of the Guaranteed Obligations. In the event any Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, such Agent or such 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 Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender 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 guaranteed under this Section 12the Guaranty, 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 Agent or any Lender the Agents, the L/C Issuers and the Lenders might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If any Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving such Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-non judicial sale or enforcement, such Agent or any such Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, any Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by such Agent or such Lender and waives any claim based upon such action, even if such action by such Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by such Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of any Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the ObligationsSecured Obligations guaranteed hereunder by such Borrower. In the event any Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, such Agent or such Lender may bid all or less than the amount of the Secured Obligations and the amount of such bid need not be paid by such Agent or such Lender but shall be credited against the Secured Obligations. The amount of the successful bid at any such sale, whether any Agent, any 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 Secured Obligations shall be conclusively deemed to be the amount of the Secured Obligations guaranteed by the applicable Borrowers under this Section 12, notwithstanding that any present or future law or court decision or ruling may have the effect of reducing the amount of any 105 deficiency claim to which any Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If the Administrative Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Credit Documents giving the Administrative Agent or such Lender and Secured Parties a Lien upon any Collateral, whether owned by Collateral of any Borrower or by any other PersonCredit Party, either by judicial foreclosure or by non-non judicial sale or enforcement, the Administrative Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Article II. If, in the exercise of any of its rights and remedies, the Administrative Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonCredit Party, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Guarantor hereby consents to such action by the Administrative Agent or such Lender and waives waives, to the fullest extent permitted by law, any claim based upon such action, even if such action by the Administrative Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which such Guarantor might otherwise have had but for such action by Agent or such Lenderthe Administrative Agent. Any election of remedies that which results in the denial or impairment of the right of the Administrative Agent or any Lender to seek a deficiency judgment against any Borrower Credit Party shall not impair any other Borrower’s each Guarantor's obligation to pay the full amount of the Guarantied Obligations. In the event the Administrative Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Credit Documents, the Administrative Agent or such Lender may bid all or less than the amount of the Guarantied Obligations and the amount of such bid need not be paid by the Administrative Agent or such Lender but shall be credited against the Guarantied Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral and the Any difference between such bid amount and the remaining balance of the Guarantied Obligations shall be conclusively deemed to be the amount of the Guarantied Obligations guaranteed under this Section 12, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such saleAgreement.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed proceeds to realize its benefits under any of the Loan Documents giving Agent or such and/or Lender a Lien lien upon any Collateral, whether collateral owned by any Borrower or by any other PersonLoan Party, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its Agent's or Lender's rights and remedies under this Section 12Guaranty. If, in the exercise of any of its Agent's or Lender's rights and remediesremedies against any Borrower or any other Person liable with respect to the Obligations, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonBorrower, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender and/or Lender, as applicable, and waives any claim or defense based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which Guarantor might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, Lender 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12collateral, notwithstanding that any present or future law or court decision or ruling that may have the effect of reducing the amount of any deficiency claim to which Agent or any and Lender might otherwise be entitled but for such bidding at any such sale. Any election of remedies which results in the denial or impairment of the right of Agent or Lender to seek a deficiency judgment against any Borrower shall not impair Guarantor's obligation to pay the full amount of the Obligations, and Guarantor hereby irrevocably waives any defense based upon an election of remedies made by Lender or Agent or any other election afforded to Lender or Agent pursuant to applicable law, including, without limitation, (a) any election to proceed by judicial or nonjudicial foreclosure or by Uniform Commercial Code sale or by deed or assignment in lieu thereof, or any election of remedies which destroys or otherwise impairs the subrogation rights of the Guarantor or the rights of the Guarantor to proceed against any Borrower or any other Person for reimbursement, or both, (b) the waiver by Lender or Agent, either by action or inaction of Lender or Agent or by operation of law, of a deficiency judgment against any Borrower, and (c) any election pursuant to an Insolvency Proceeding.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any the Borrower or by any other Person, either by judicial foreclosure or by non-non judicial sale or enforcement, Agent or any such Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12Article 18. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any the Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each the Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower Loan Party might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any the Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, Lender any 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12Article 18, 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 Agent or any such Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of this Agreement or the Loan Documents Other Agreements giving Agent or such Lender a Lien lien upon any Collateral, whether owned by any Borrower Loan Party or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12SECTION 35. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Loan Party or any other Person, whether because of any applicable laws pertaining to “"election of remedies” " or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower Guarantor might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s Guarantor's obligation to pay the full amount of the ObligationsLiabilities. In the event Agent or any Lender shall bid at any foreclosure or trustee’s 's sale or at any private sale permitted by law or the Loan Documentslaw, Agent or such Lender may bid all or less than the amount of the Obligations Liabilities and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the ObligationsLiabilities. The amount of the successful bid at any such sale, whether Agent, 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 Obligations Liabilities shall be conclusively deemed to be the amount of the Obligations Liabilities guaranteed under this Section 12SECTION 35, 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 Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If either Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Financing Documents giving either Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower Borrower, any other Credit Party or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, such Agent or any such Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12Article XIII. If, in the exercise of any of its rights and remedies, such Agent or any such Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Borrower, any other Credit Party or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower and each other Credit Party hereby consents to such action by such Agent or such Lender Lender, as the case may be, and waives any claim such Borrower or such other Credit Party may have based upon such action, even if such action by such Agent or such Lender shall result in a full or partial loss of any rights of subrogation or any other similar rights that each such Borrower might otherwise have had but for such action by such Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of either Agent or any Lender to seek a deficiency judgment against any Borrower or other Credit Party shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event either Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Financing Documents, such Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by such Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether such Agent, any Lender or any other party Person 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 Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12Article XIII, 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 either Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender and Lenders a Lien upon any Collateral, whether Collateral owned by any Borrower or by any other PersonBorrower, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its such remedies or rights it may pursue without affecting any of its such rights and remedies under this Section 12Guaranty. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other PersonBorrower, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Guarantor hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower which Guarantor might otherwise have had but for such action by Agent or such LenderAgent. Any election of remedies that which results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other BorrowerGuarantor’s obligation to pay the full amount of the Guaranteed Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Guaranteed Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Guaranteed Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, sale shall be conclusively deemed to be the fair market value of the Collateral 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 this Section 12Guaranty, 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 Agent or any Lender and Lenders might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If the Collateral Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving the Collateral Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower Loan Party or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, the Collateral Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 1213. If, in the exercise of any of its rights and remedies, the Collateral Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower Loan Party or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower Loan Party hereby consents to such action by the Collateral Agent or such Lender and waives any claim based upon such action, even if such action by the Collateral Agent or such Lender shall result in a full or partial loss of any rights of subrogation that which each Borrower Loan Party might otherwise have had but for such action by the Collateral Agent or such Lender. Any election of remedies that which results in the denial or impairment of the right of the Collateral Agent or any Lender to seek a deficiency judgment against any Borrower Loan Party shall not impair any other BorrowerLoan Party’s obligation to pay the full amount of the Obligations. In the event the Collateral Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, the Collateral Agent (either directly or through one or more acquisition vehicles) or such Lender may bid all or less than the amount of offset the Obligations and against the amount purchase price of such bid need not be paid by Agent in lieu of accepting cash or other non-cash consideration in connection with such Lender but shall be credited against the Obligationssale or other disposition. The amount of the successful bid at any such sale, whether the Collateral Agent, any Lender or any other party is the successful bidder, shall be conclusively deemed to be the fair market and reasonably equivalent value of the Collateral and the difference between such bid amount and the remaining balance of the Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 1213, 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 Collateral Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

Election of Remedies. If Agent or any Lender Subject to Section 8 “Limited Recourse” with respect to Devco, if We may, under applicable law, proceed to realize its Our benefits under any of the Loan Documents giving Agent or such Lender Us a Lien upon any Collateral, whether owned by any Borrower of You or by any other Person, either by judicial foreclosure or by non-non judicial sale or enforcement, Agent or any Lender We may, at its Our sole option, determine which of its Our remedies or rights it We may pursue without affecting any of its Our rights and remedies under this Section 12Section. If, in the exercise of any of its Our rights and remedies, Agent or any Lender We shall forfeit any of its Our rights or remedies, including its Our right to enter a deficiency judgment against any Borrower of You or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower of You hereby consents to such action by Agent or such Lender Us and waives any claim based upon such action, even if such action by Agent or such Lender Us shall result in a full or partial loss of any rights of subrogation that each Borrower any of You might otherwise have had but for such action by Agent or such LenderUs. Any election of remedies that results in the denial or impairment of the any right of Agent or any Lender Ours to seek a deficiency judgment against any Borrower of You shall not impair any other Borrower’s obligation the respective obligations of the rest of You to pay the full amount of the Secured Obligations. In the event Agent or any Lender We shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender We may bid all or less than the amount of the Secured Obligations and the amount of such bid need not be paid by Agent or such Lender Us but shall be credited against the Secured Obligations. The amount of the successful bid at any such sale, whether Agent, Lender We are 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 Gevo_0467-GC 22 the remaining balance of the Secured Obligations shall be conclusively deemed to be the amount of the Secured Obligations guaranteed under this Section 12Section, 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 Agent or any Lender We might otherwise be entitled but for such bidding at any such sale.