Common use of Enforcement of Guarantor's Obligations and Liabilities Clause in Contracts

Enforcement of Guarantor's Obligations and Liabilities. Subject to the provision of Section 4 hereof, each Guarantor agrees that following the occurrence of an Event of Default as defined in the Loan Agreement, should Lender deem it necessary to file an appropriate collection action to enforce Guarantor's obligations and liabilities under this Agreement, Lender may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Borrower's Indebtedness from Borrower or from any other guarantor, surety or endorser, whether through filing of suit or otherwise, (ii) attempting to exercise against any collateral directly or indirectly securing repayment of any of Borrower's Indebtedness, whether through the filing of an appropriate foreclosure action or otherwise, or (iii) including Borrower or any other guarantor, surety or endorser of any of Borrower's Indebtedness as an additional party defendant in such a collection action against Guarantor. If there is more than one guarantor under this Agreement, each Guarantor additionally agrees that Lender may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Lender against any other Guarantor under this Agreement. In the event that Lender should ever deem it necessary to refer this Agreement to an attorney-at-law for the purpose of enforcing Guarantor's obligations and liabilities hereunder, or of protecting or preserving Lender's rights hereunder, each Guarantor agrees to reimburse Lender for the reasonable fees of such an attorney. Each Guarantor additionally agrees that Lender shall not be liable for failure to use diligence in the collection of any of Borrower's Indebtedness or any collateral security therefor, or in creating or preserving the liability of any person liable on any such Indebtedness, or in creating, perfecting or preserving any security for any such Indebtedness.

Enforcement of Guarantor's Obligations and Liabilities. Subject to the provision of Section 4 hereof, each Guarantor agrees that following the occurrence of an Event of Default (as defined determined in accordance with the Loan AgreementAmendment), should Lender the Agent or the Lenders deem it necessary to file an appropriate collection action to enforce Guarantor's ’s obligations and liabilities under this Agreement, Lender that this Agreement is a guaranty of payment and not of collection and Agent or the Lenders may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Borrower's Indebtedness the Obligations or the Guaranteed Obligations from Borrower or from any other guarantor, surety or endorserendorser of the Obligations or Guaranteed Obligations, whether through filing of suit or otherwise, (ii) attempting to exercise against any collateral directly or indirectly securing repayment of any of Borrower's Indebtednessthe Obligations or the Guaranteed Obligations, whether through the filing of an appropriate foreclosure action or otherwise, or (iii) including Borrower or any other guarantor, surety or endorser of any of Borrower's Indebtedness the Obligations or the Guaranteed Obligations as an additional party defendant in such a collection action against Guarantor. If there is more than one guarantor under this Agreement, each Guarantor additionally agrees that Lender the Agent or the Lenders may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Lender the Agent or the Lenders against any other Guarantor guarantor under this Agreement. In the event that Lender the Agent or the Lenders should ever deem it necessary to refer this Agreement to an any attorney-at-law for the purpose of enforcing Guarantor's ’s obligations and liabilities hereunder, or of protecting or preserving Lender's their rights hereunder, each Guarantor agrees to reimburse Lender the Agent and the Lenders for the reasonable fees of such an attorney. Each Guarantor additionally agrees that Lender the Agent and the Lenders shall not be liable for failure to use diligence in the collection of any of Borrower's Indebtedness the Guaranteed Obligations or any collateral security therefor, or in creating or preserving the liability of any person liable on any such IndebtednessObligations or Guaranteed Obligations, or in creating, perfecting or preserving any security for any such IndebtednessGuaranteed Obligations.

Enforcement of Guarantor's Obligations and Liabilities. Subject to the provision of Section 4 hereof, each Guarantor agrees that following the occurrence of an Event of Default as defined in the Loan Agreementthat, should Lender Lenders deem it necessary to file an appropriate collection action to enforce Guarantor's obligations and liabilities under this Agreement, Lender Lenders may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Borrower's Indebtedness from Borrower or from any other guarantor, surety or endorser, whether through filing of suit or otherwise, (ii) attempting to exercise against any collateral directly or indirectly securing repayment of any of Borrower's Indebtedness, whether through the filing of an appropriate foreclosure action or otherwise, or (iii) including Borrower or any other guarantor, surety or endorser of any of Borrower's Indebtedness as an additional party defendant in such a collection action against Guarantor. If there is more than one guarantor under this Agreement, each Guarantor guarantor additionally agrees that Lender Lenders may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Lender Lenders against any other Guarantor guarantor under this Agreement. In the event that Lender Lenders should ever deem it necessary to refer this Agreement to an attorney-at-law for the purpose of enforcing Guarantor's Guarantor obligations and liabilities hereunder, or of protecting or preserving Lender's Lenders' rights hereunder, Guarantor (and each Guarantor of them, on a joint, several and solidary basis) agrees to reimburse Lender Lenders for the reasonable fees of such an attorney. Each Guarantor additionally agrees that Lender Lenders shall not be liable for failure to use diligence in the collection of any of Borrower's Indebtedness or any collateral security therefor, or in creating or preserving the liability of any person liable on any such Indebtedness, or in creating, perfecting or preserving any security for any such Indebtedness.

Enforcement of Guarantor's Obligations and Liabilities. Subject to the provision of Section 4 hereof, each Guarantor agrees that following the occurrence of an Event of Default as defined in the Loan Agreementthat, should Lender deem it necessary to file an appropriate collection action to enforce Guarantor's obligations and liabilities under this Agreement, Lender may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Borrower's Indebtedness from Borrower or from any other guarantor, surety or endorser, whether through filing of suit or otherwise, (ii) attempting to exercise against any collateral directly or indirectly securing repayment of any of Borrower's Indebtedness, whether through the filing of an appropriate foreclosure action or otherwise, or (iii) including Borrower or any other guarantor, surety or endorser of any of Borrower's Indebtedness as an additional party defendant in such a collection action against Guarantor. If there is more than one guarantor under this Agreement, each Guarantor guarantor additionally agrees that Lender may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Lender against any other Guarantor guarantor under this Agreement. In the event that Lender should ever deem it necessary to refer this Agreement to an attorney-at-law for the purpose of enforcing Guarantor's Guarantor obligations and liabilities hereunder, or of protecting or preserving Lender's rights hereunder, Guarantor (and each Guarantor of them, on a joint, several and solidary basis) agrees to reimburse Lender for the reasonable fees of such an attorney. Each Guarantor additionally agrees that Lender shall not be liable for failure to use diligence in the collection of any of Borrower's Indebtedness or any collateral security therefor, or in creating or preserving the liability of any person liable on any such Indebtedness, or in creating, perfecting or preserving any security for any such Indebtedness.

Enforcement of Guarantor's Obligations and Liabilities. Subject to the provision of Section 4 hereof, each Each Guarantor agrees that following the occurrence of an Event of Default as defined in the Loan AgreementDefault, should Lender Agent or other Secured Party deem it necessary to file an appropriate collection action to enforce Guarantor's ’s obligations and liabilities under this Agreement, Lender Secured Parties may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Borrower's Indebtedness ’s Secured Liabilities from Borrower or from any other guarantor, surety or endorser, whether through filing of suit or otherwise, (ii) attempting to exercise against any collateral directly or indirectly securing repayment of any of Borrower's Indebtedness’s Secured Liabilities, whether through the filing of an appropriate foreclosure action or otherwise, or (iii) including Borrower or any other guarantor, surety or endorser of any of Borrower's Indebtedness ’s Secured Liabilities as an additional party defendant in such a collection action against Guarantor. If there is more than one guarantor under this Agreement, each the Guarantor additionally agrees that Lender Secured Parties may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Lender Secured Parties against any other Guarantor guarantor under this Agreement. In the event that Lender Secured Parties should ever deem it necessary during the continuance of a Default (as defined in and occurring under the Loan Agreement) to refer this Agreement to an attorney-at-attorneys- at- law for the purpose of enforcing Guarantor's ’s obligations and liabilities hereunder, or of protecting or preserving Lender's Secured Parties’ rights hereunder, each Guarantor agrees to reimburse Lender each Secured Party for the its reasonable attorneys’ fees of such an attorneyand disbursements. Each Guarantor additionally agrees agree that Lender Secured Parties shall not be liable for failure to use diligence in the collection of any of Borrower's Indebtedness ’s Secured Liabilities or any collateral security therefor, or in creating or preserving the liability of any person liable on any such IndebtednessSecured Liabilities, or in creating, perfecting or preserving any security for any such IndebtednessSecured Liabilities.

Enforcement of Guarantor's Obligations and Liabilities. Subject to the provision of Section 4 hereof, each Each Guarantor agrees that following the occurrence of an Event of Default as defined in the Loan AgreementDefault, should Lender Agent or other Secured Party deem it necessary to file an appropriate collection action to enforce Guarantor's ’s obligations and liabilities under this Agreement, Lender Secured Parties may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Borrower's Indebtedness ’s Secured Liabilities from Borrower or from any other guarantor, surety or endorser, whether through filing of suit or otherwise, (ii) attempting to exercise against any collateral directly or indirectly securing repayment of any of Borrower's Indebtedness’s Secured Liabilities, whether through the filing of an appropriate foreclosure action or otherwise, or (iii) including Borrower or any other guarantor, surety or endorser of any of Borrower's Indebtedness ’s Secured Liabilities as an additional party defendant in such a collection action against Guarantor. If there is more than one guarantor under this Agreement, each the Guarantor additionally agrees that Lender Secured Parties may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Lender Secured Parties against any other Guarantor guarantor under this Agreement. In the event that Lender Secured Parties should ever deem it necessary during the continuance of a Default (as defined in and occurring under the Loan Agreement) to refer this Agreement to an attorneyattorneys-at-law for the purpose of enforcing Guarantor's ’s obligations and liabilities hereunder, or of protecting or preserving Lender's Secured Parties’ rights hereunder, each Guarantor agrees to reimburse Lender each Secured Party for the its reasonable attorneys’ fees of such an attorneyand disbursements. Each Guarantor additionally agrees agree that Lender Secured Parties shall not be liable for failure to use diligence in the collection of any of Borrower's Indebtedness ’s Secured Liabilities or any collateral security therefor, or in creating or preserving the liability of any person liable on any such IndebtednessSecured Liabilities, or in creating, perfecting or preserving any security for any such IndebtednessSecured Liabilities.

Enforcement of Guarantor's Obligations and Liabilities. Subject to the provision Guarantor understands, agrees and confirms that this is a guaranty of Section 4 hereof, each payment when due and not of collection. Guarantor agrees that following the occurrence of an Event of Default as defined in the Loan Agreementthat, should Lender Cat Financial deem it necessary to file an appropriate collection action to enforce Guarantor's ’s obligations and liabilities under this Agreement, Lender Cat Financial may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Borrower's ’s Indebtedness from Borrower or from any other guarantor, surety or endorser, whether through filing of suit or otherwise, (ii) attempting to exercise against any collateral directly or indirectly securing repayment of any of Borrower's ’s Indebtedness, whether through the filing of an appropriate foreclosure action or otherwise, or (iii) including Borrower or any other guarantor, surety or endorser of any of Borrower's ’s Indebtedness as an additional party defendant in such a collection action against Guarantor. If there is more than one guarantor under this Agreement, each Guarantor additionally agrees that Lender may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Lender against any other Guarantor under this Agreement. In the event that Lender Cat Financial should ever deem it necessary to refer this Agreement to an attorney-at-law for the purpose of enforcing Guarantor's ’s obligations and liabilities hereunder, or of protecting or preserving Lender's Cat Financial’s rights hereunder, Guarantor (and each Guarantor of them, on a joint, several and solidary basis) agrees to reimburse Lender Cat Financial for the reasonable fees of such an attorney. Each Guarantor additionally agrees that Lender Cat Financial shall not be liable for failure to use diligence in the collection of any of Borrower's ’s Indebtedness (or any collateral security therefortherefore), or in creating or preserving the liability of any person liable on any such Indebtedness, or in creating, perfecting or preserving any security for any such Indebtedness.

Enforcement of Guarantor's Obligations and Liabilities. Subject to the provision of Section 4 hereof, each Guarantor agrees that following the occurrence of an Event of Default as defined in the Loan AgreementDefault, should Lender deem it necessary to file an appropriate collection action to enforce Guarantor's obligations and liabilities under this Agreement, Lender may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Borrower's Indebtedness Obligations from Borrower or from any other guarantor, surety or endorser, whether through filing of suit or otherwise, (ii) attempting to exercise against any collateral directly or indirectly securing repayment of any of Borrower's IndebtednessObligations, whether through the filing of an appropriate foreclosure action or otherwise, or (iii) including Borrower or any other guarantor, surety or endorser of any of Borrower's Indebtedness Obligations as an additional party defendant in such a collection action against Guarantor. If there is more than one guarantor under this Agreement, each the Guarantor additionally agrees that Lender may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Lender against any other Guarantor guarantor under this Agreement. In the event that the Lender should ever reasonably deem it necessary to refer this Agreement to an attorney-at-law for the purpose of enforcing Guarantor's obligations and liabilities hereunder, or of protecting or preserving Lender's rights hereunder, each Guarantor agrees to reimburse Lender for the reasonable fees of such an attorney. Each Guarantor additionally agrees that Lender shall not be liable for failure to use diligence in the collection of any of Borrower's Indebtedness Obligations or any collateral security therefor, or in creating or preserving the liability of any person liable on any such IndebtednessObligations, or in creating, perfecting or preserving any security for any such IndebtednessObligations.

Enforcement of Guarantor's Obligations and Liabilities. Subject to the provision of Section 4 hereof, each Guarantor agrees that following the occurrence of an Event of Default as defined in the Loan AgreementDefault, should Lender the Agent or the Lenders deem it necessary to file an appropriate collection action to enforce Guarantor's ’s obligations and liabilities under this Agreement, Lender that this Agreement is a guaranty of payment and not of collection and Agent or the Lenders may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Borrower's Indebtedness the Obligations or the Secured Obligations from Borrower or from any other guarantor, surety or endorserendorser of the Obligations or Secured Obligations, whether through filing of suit or otherwise, (ii) attempting to exercise against any collateral directly or indirectly securing repayment of any of Borrower's Indebtednessthe Obligations or the Secured Obligations, whether through the filing of an appropriate foreclosure action or otherwise, or (iii) including Borrower or any other guarantor, surety or endorser of any of Borrower's Indebtedness the Obligations or the Secured Obligations as an additional party defendant in such a collection action against Guarantor. If there is more than one guarantor under this Agreement, each Guarantor additionally agrees that Lender the Agent or the Lenders may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Lender the Agent or the Lenders against any other Guarantor guarantor under this Agreement. In the event that Lender the Agent or the Lenders should ever deem it necessary to refer this Agreement to an any attorney-at-law for the purpose of enforcing Guarantor's ’s obligations and liabilities hereunder, or of protecting or preserving Lender's their rights hereunder, each Guarantor agrees to reimburse Lender the Agent and the Lenders for the reasonable fees of such an attorney. Each Guarantor additionally agrees that Lender the Agent and the Lenders shall not be liable for failure to use diligence in the collection of any of Borrower's Indebtedness the the Secured Obligations or any collateral security therefor, or in creating or preserving the liability of any person liable on any such IndebtednessObligations or Secured Obligations, or in creating, perfecting or preserving any security for any such IndebtednessSecured Obligations.

Enforcement of Guarantor's Obligations and Liabilities. Subject to the provision of Section 4 hereof, each Each Guarantor agrees that following the occurrence of an Event of Default as defined in the Loan AgreementDefault, should Lender deem it necessary to file an appropriate collection action to enforce Guarantor's obligations and liabilities under this Agreement, Lender may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Borrower's Indebtedness Secured Liabilities from Borrower or from any other guarantor, surety or endorser, whether through filing of suit or otherwise, (ii) attempting to exercise against any collateral directly or indirectly securing repayment of any of Borrower's IndebtednessSecured Liabilities, whether through the filing of an appropriate foreclosure action or otherwise, or (iii) including Borrower or any other guarantor, surety or endorser of any of Borrower's Indebtedness Secured Liabilities as an additional party defendant in such a collection action against Guarantor. If there is more than one guarantor under this Agreement, each the Guarantor additionally agrees that Lender may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Lender against any other Guarantor guarantor under this Agreement. In the event that Lender should ever deem it necessary during the continuance of a Default (as defined in and occurring under the Loan Agreement) to refer this Agreement to an attorneyattorneys-at-law for the purpose of enforcing Guarantor's obligations and liabilities hereunder, or of protecting or preserving Lender's rights hereunder, each Guarantor agrees to reimburse the Lender for the its reasonable attorneys' fees of such an attorneyand disbursements. Each Guarantor additionally agrees agree that Lender shall not be liable for failure to use diligence in the collection of any of Borrower's Indebtedness Secured Liabilities or any collateral security therefor, or in creating or preserving the liability of any person liable on any such IndebtednessSecured Liabilities, or in creating, perfecting or preserving any security for any such IndebtednessSecured Liabilities.