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

Enforcement of Guarantor's Obligations and Liabilities. Guarantor ----------------------------------------------------------------- agrees that, should Seller deem it necessary to file an appropriate collection action to enforce Guarantor's obligations and liabilities under this Guaranty, Seller may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Obligor's Indebtedness from Obligor or from any Other Obligor, whether through filing of suit or otherwise, (ii) attempting to exercise any rights Seller may have against any Equipment, whether through re-lease, the filing of an appropriate foreclosure action or otherwise, (iii) including Obligor or any Other Obligor as an additional party defendant in such a collection action against Guarantor, or (iv) pursuing any other remedy in Seller's power or to mitigate damages. If there is more than one guarantor under this Guaranty, each Guarantor additionally agrees that Seller may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Seller against any other guarantor under this Guaranty.

Appears in 2 contracts

Samples: Installment Sale Contract (Meadow Valley Corp), Installment Sale Contract (Meadow Valley Corp)

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Enforcement of Guarantor's Obligations and Liabilities. Guarantor ----------------------------------------------------------------- -------------------------------------------------------------------- agrees that, should Seller Caterpillar Financial deem it necessary to file an appropriate collection action to enforce Guarantor's obligations and liabilities under this Guaranty, Seller Caterpillar Financial may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Obligor's Indebtedness indebtedness from Obligor or from any Other Obligor, whether through filing of suit or otherwise, (ii) attempting to exercise any rights Seller Caterpillar Financial may have against any Equipment, whether through re-lease, the filing of an appropriate foreclosure action or otherwise, (iii) including Obligor or any Other Obligor as an additional party defendant in such a collection action against Guarantor, or (iv) pursuing any other remedy in SellerCaterpillar Financial's power or to mitigate damages. If there is more than one guarantor under this Guaranty, each Guarantor additionally agrees that Seller Caterpillar Financial may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Seller Caterpillar Financial against any other guarantor under this Guaranty.

Appears in 2 contracts

Samples: Security Agreement (Apollo Gold Corp), Security Agreement (Apollo Gold Corp)

Enforcement of Guarantor's Obligations and Liabilities. Guarantor ----------------------------------------------------------------- agrees that, should Seller Caterpillar Financial deem it necessary to file an appropriate collection action to enforce Guarantor's ’s obligations and liabilities under this Guaranty, Seller Caterpillar Financial may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Obligor's Indebtedness ’s indebtedness from Obligor or from any Other Obligor, whether through filing of suit or otherwise, (ii) attempting to exercise any rights Seller Caterpillar Financial may have against any Equipment, whether through re-leaserelease, the filing of an appropriate foreclosure action or otherwise, (iii) including Obligor or any Other Obligor as an additional party defendant in such a collection action against Guarantor, or (iv) pursuing any other remedy in Seller's Caterpillar Financial’s power or to mitigate damages. If there is more than one guarantor under this Guaranty, each Guarantor additionally agrees that Seller Caterpillar Financial may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Seller Caterpillar Financial against any other guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty of Payment (Allied Nevada Gold Corp.)

Enforcement of Guarantor's Obligations and Liabilities. Guarantor ----------------------------------------------------------------- ------------------------------------------------------------------ agrees that, should Seller Caterpillar Financial deem it necessary to file an appropriate collection action to enforce Guarantor's obligations and liabilities under this Guaranty, Seller Caterpillar Financial may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Obligor's Indebtedness from Obligor or from any Other Obligor, whether through filing of suit or otherwise, (ii) attempting to exercise any rights Seller Caterpillar Financial may have against any Equipment, whether through re-lease, the filing of an appropriate foreclosure action or otherwise, (iii) including Obligor or any Other Obligor as an additional party defendant in such a collection action against Guarantor, or (iv) pursuing any other remedy [illegible] in SellerCaterpillar Financial's power or to mitigate damages. If there is more than one guarantor under this Guaranty, each Guarantor additionally agrees that Seller Caterpillar Financial may file an appropriate collection and/or enforcement action against any or one or more of them, without impairing the rights of Seller Caterpillar Financial against any other guarantor under this Guaranty.

Appears in 1 contract

Samples: Meadow Valley Corp

Enforcement of Guarantor's Obligations and Liabilities. Guarantor ----------------------------------------------------------------- agrees that, should Seller Caterpillar Financial deem it necessary to file an appropriate collection action to enforce Guarantor's obligations and liabilities under this Guaranty, Seller Caterpillar Financial may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Obligor's Indebtedness from Obligor or from any Other Obligor, whether through filing of suit or otherwise, (ii) attempting to exercise any rights Seller Caterpillar Financial may have against any Equipment, whether through re-lease, the filing of an any appropriate foreclosure action or otherwise, (iii) including Obligor or any Other Obligor as an additional party defendant in such a collection action against Guarantor, or (iv) pursuing any other remedy in SellerCaterpillar Financial's power or to mitigate damages. If there is more than one guarantor under this Guaranty, each such Guarantor additionally agrees that Seller Caterpillar Financial may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Seller Caterpillar Financial against any other guarantor under this Guaranty.

Appears in 1 contract

Samples: Security Agreement (Apollo Gold Corp)

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Enforcement of Guarantor's Obligations and Liabilities. Guarantor ----------------------------------------------------------------- ------------------------------------------------------------------ agrees that, should Seller Caterpillar Financial deem it necessary to file an appropriate collection action to enforce Guarantor's obligations and liabilities under this Guaranty, Seller Caterpillar Financial may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Obligor's Indebtedness from Obligor or from any Other Obligor, whether through filing of suit or otherwise, (ii) attempting to exercise any rights Seller Caterpillar Financial may have against any Equipment, whether through re-lease, the filing of an appropriate foreclosure action or otherwise, (iii) including Obligor or any Other Obligor as an additional party defendant in such a collection action against Guarantor, or (iv) pursuing any other remedy in SellerCaterpillar Financial's power or to mitigate damages. If there is more than one guarantor under this Guaranty, each Guarantor additionally agrees that Seller Caterpillar Financial may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Seller Caterpillar Financial against any other guarantor under this Guaranty.

Appears in 1 contract

Samples: Meadow Valley Corp

Enforcement of Guarantor's Obligations and Liabilities. Guarantor ----------------------------------------------------------------- -------------------------------------------------------------------- agrees that, should Seller Caterpillar Financial deem it necessary to file an appropriate collection action to enforce Guarantor's obligations and liabilities under this Guaranty, Seller Caterpillar Financial may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Obligor's Indebtedness indebtedness from Obligor or from any Other Obligor, whether through filing of suit or otherwise, (ii) attempting to exercise any rights Seller Caterpillar Financial may have against any Equipment, whether through re-lease, the filing of an appropriate foreclosure action or otherwise, (iii) including Obligor or any Other Obligor as an additional party defendant in such a collection action against Guarantor, or (iv) pursuing any other remedy in SellerCaterpillar Financial's power or to mitigate damages. If there is more than one guarantor under this Guaranty, each Guarantor additionally agrees that Seller Caterpillar Financial may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Seller Caterpillar Financial against any other guarantor under this Guaranty.

Appears in 1 contract

Samples: Apollo Gold Corp

Enforcement of Guarantor's Obligations and Liabilities. Guarantor ----------------------------------------------------------------- agrees that, should Seller deem it necessary to file an appropriate collection action to enforce Guarantor's ’s obligations and liabilities under this Guaranty, Seller may commence such a civil action against Guarantor without the necessity of first (i) attempting to collect Obligor's ’s Indebtedness from Obligor or from any Other Obligor, whether through filing of suit or otherwise, (ii) attempting to exercise any rights Seller may have against any Equipment, whether through re-lease, the filing of an appropriate foreclosure action or otherwise, (iii) including Obligor or any Other Obligor as an additional party defendant in such a collection action against Guarantor, or (iv) pursuing any other remedy in Seller's ’s power or to mitigate damages. If there is more than one guarantor under this Guaranty, each Guarantor additionally agrees that Seller may file an appropriate collection and/or enforcement action against any one or more of them, without impairing the rights of Seller against any other guarantor under this Guaranty.

Appears in 1 contract

Samples: Sale Contract (Security Agreement (Goldfield Corp)

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