Common use of Exercise of Remedies Clause in Contracts

Exercise of Remedies. Administrative Agent shall have the right to enforce, from time to time, in any order and at Administrative Agent’s sole discretion, any rights, powers and remedies which Administrative Agent or Lenders may have under the Obligation Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor shall be liable to Administrative Agent and each Lender hereunder for any deficiency resulting from the exercise by Administrative Agent of any such right or remedy even though any rights which Guarantor may have against Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any of its rights under any other Obligation Document against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent Agent, on behalf of Lenders, shall have the right to enforce, from time to time, in any order and at Administrative Agent’s 's sole discretion, any rights, powers and remedies which Administrative Agent or Lenders Agent, on behalf of Lenders, may have under the Obligation Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor shall be liable to Administrative Agent and each Lender Agent, on behalf of Lenders, hereunder for any deficiency resulting from the exercise by Administrative Agent or any Lender of any such right or remedy even though any rights which Guarantor may have against Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender Agent, on behalf of Lenders, to exercise, and no delay in exercising, any right hereunder or under any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender Agent, on behalf of Lenders, provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender Agent, on behalf of Lenders, hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any of its rights under any other Obligation Document against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent Lender shall have the right to enforce, from time to time, in any order and at Administrative Agent’s Lender's sole discretion, any rights, powers and remedies which Administrative Agent or Lenders Lender may have under the Obligation Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor shall be liable to Administrative Agent and each Lender hereunder for any deficiency resulting from the exercise by Administrative Agent Lender of any such right or remedy even though any rights which Guarantor may have against Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any of its rights under any other Obligation Document against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent Lender shall have the right to enforce, from time to time, in any order and at Administrative Agent’s Lender's sole discretion, any rights, powers and remedies which Administrative Agent or Lenders that Lender may have under the Obligation Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor shall be liable to Administrative Agent and each Lender hereunder for any deficiency resulting from the exercise by Administrative Agent Lender of any such right or remedy even though any rights which Guarantor may have against Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any of its rights under any other Obligation Document against any Obligor or any other Person.

Exercise of Remedies. The Administrative Agent Agent, on behalf of any Lender Party, shall have the right to enforce, from time to time, in any order and at Administrative Agent’s its sole discretion, any rights, powers and remedies which Administrative Agent or Lenders any Lender Party may have under the Obligation Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and each Guarantor shall be liable to Administrative Agent and each the Lender Parties hereunder for any deficiency resulting from the exercise by the Administrative Agent of any such right or remedy even though any rights which any Guarantor may have against the Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender Party to exercise, and no delay in exercising, any right hereunder or under any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each the Lender Parties provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each the Lender Parties hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender Party to exercise any of its rights under any other Obligation Document against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent and each Lender shall have the right to enforce, from time to time, in any order and at Administrative Agent’s 's or such Lender's sole discretion, any rights, powers and remedies which Administrative Agent or Lenders such Lender may have under the Obligation Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor shall be liable to Administrative Agent and each Lender hereunder for any deficiency resulting from the exercise by Administrative Agent or any Lender of any such right or remedy even though any rights which Guarantor may have against Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any of its rights under any other Obligation Document against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent and each Creditor shall have the right to enforce, from time to time, in any order and at Administrative Agent's or such Creditor’s sole discretion, any rights, powers and remedies which Administrative Agent or Lenders such Creditor may have under the Obligation Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor shall be liable to Administrative Agent and each Lender Creditor hereunder for any deficiency resulting from the exercise by Administrative Agent or any Creditor of any such right or remedy even though any rights which Guarantor may have against Borrower the Borrowers or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender Creditor to exercise, and no delay in exercising, any right hereunder or under any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender Creditor provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided in any Loan Document or by law or in equity. The rights of Administrative Agent and each Lender Creditor hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender Creditor to exercise any of its rights under any other Obligation Document against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent and each other Lender Party shall have the right to enforce, from time to time, in any order and at Administrative Agent’s or such other Lender Party’s sole discretion, any rights, powers and remedies which Administrative Agent or Lenders such other Lender Party may have under the Obligation Loan Documents or otherwiseotherwise with respect to the Obligations, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor shall be liable to Administrative Agent and each other Lender Party hereunder for any deficiency resulting from the exercise by Administrative Agent or any other Lender Party of any such right or remedy even though any rights which Guarantor may have against Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any other Lender Party to exercise, and no delay in exercising, any right hereunder or under any other Obligation Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each other Lender Party provided herein and in the other Obligation Loan Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each other Lender Party hereunder are not conditional or contingent on any attempt by Administrative Agent or any other Lender Party to exercise any of its rights under any other Obligation Loan Document against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent and each Holder shall have the right to enforce, from time to time, in any order and at Administrative Agent’s or such Holder’s sole discretion, any rights, powers and remedies which Administrative Agent or Lenders such Holder may have under the Obligation Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and each Guarantor shall be liable to Administrative Agent and each Lender Holder hereunder for any deficiency resulting from the exercise by Administrative Agent or any Holder of any such right or remedy even though any rights which any Guarantor may have against Borrower Company or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender Holder to exercise, and no delay in exercising, any right hereunder or under any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender Holder provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender Holder hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender Holder to exercise any of its rights under any other Obligation Document against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent Lender shall have the right to enforce, from time to time, in any order and at Administrative AgentLender’s sole discretion, any rights, powers and remedies which Administrative Agent or Lenders Lender may have under the Obligation Loan Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and each Guarantor shall be liable to Administrative Agent and each Lender hereunder for any deficiency resulting from the exercise by Administrative Agent Lender of any such right or remedy even though any rights which that such Guarantor may have against Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Obligation Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender provided herein and in the other Obligation Loan Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any of its rights under any other Obligation Loan Document against any Loan Obligor or any other Person.

Exercise of Remedies. The Administrative Agent Agent, on behalf of any Lender Party, shall have the right to enforce (or to direct the Collateral Agent to enforce, as so required by the terms of the Loan Documents), from time to time, in any order and at Administrative Agent’s its sole discretion, any rights, powers and remedies which Administrative Agent or Lenders any Lender Party may have under the Obligation Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and each Guarantor shall be liable to Administrative Agent and each the Lender Parties hereunder for any deficiency resulting from the exercise by the Administrative Agent of any such right or remedy even though any rights which any Guarantor may have against the Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender Party to exercise, and no delay in exercising, any right hereunder or under any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each the Lender Parties provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each the Lender Parties hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender Party to exercise any of its rights under any other Obligation Document against any Obligor or any other Person. • Limited Subrogation. Until all of the Obligations have been paid and performed in full, no Guarantor shall have any right to exercise any right of subrogation, reimbursement, indemnity, exoneration, contribution or any other claim which it may now or hereafter have against or to any Obligor in connection with this Guaranty (including any right of subrogation under any statute or other law), and each Guarantor hereby waives any rights to enforce any remedy which such Guarantor may have against the Borrower. If any amount shall be paid to any Guarantor on account of any such subrogation or other rights or any such other remedy at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of the Administrative Agent, shall be segregated from the other funds of such Guarantor and shall forthwith be paid over to the Administrative Agent to be held by the Collateral Agent as Collateral for, or then or at any time thereafter applied in whole or in part by the Administrative Agent against, all or any portion of the Obligations, whether matured or unmatured, in such order as the Administrative Agent shall elect. If any Guarantor shall make payment to the Administrative Agent of all or any portion of the Obligations and if all of the Obligations shall be finally paid in full, the Administrative Agent will, at such Guarantor’s request and expense, execute and deliver to such Guarantor (without recourse, representation or warranty) appropriate documents necessary to evidence the transfer by subrogation to such Guarantor of an interest in the Obligations resulting from such payment by such Guarantor; provided that such transfer shall be subject to Section 3(d) above and that without the consent of the Administrative Agent (which the Administrative Agent may withhold in its discretion) such Guarantor shall not have the right to be subrogated to any claim or right against any Obligor which has become owned by the Administrative Agent or any Lender Party, whose ownership has otherwise changed in the course of enforcement of the Obligation Documents, or which the Administrative Agent otherwise has released or wishes to release from its Obligations. Upon full and final payment of the Obligations, each Guarantor which has made payments upon the Obligations shall be entitled to contribution from each other Guarantor hereunder, to the end that all such payments upon the Obligations shall be shared among all Guarantors in proportion to their respective Net Worths, provided that the contribution obligations of each Guarantor shall be limited to the maximum amount that it can pay at such time without rendering its contribution obligations voidable under applicable law relating to fraudulent conveyances or fraudulent transfers. As used in this subsection, the “Net Worth” of each Guarantor means, at any time, the remainder of (i) the fair value of such Guarantor’s assets (other than such right of contribution), minus (ii) the fair value of such Guarantor’s liabilities (other than its liabilities under its guaranty of the Obligations).

Exercise of Remedies. Administrative Agent Each Holder and the Required Holders, on behalf of the Holders, as provided in the Note Agreement, shall have the right to enforce, from time to time, in any order and at Administrative Agent’s the sole discretiondiscretion of the Required Holders's or such Holder, as the case may be, any rights, powers and remedies which Administrative Agent or Lenders that the Holders may have under the Obligation Documents or otherwise, including including, but not limited to, judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and each Guarantor shall be liable to Administrative Agent and each Lender hereunder the Holders under this Guaranty for any deficiency resulting from the exercise by Administrative Agent any Holder of any such right or remedy even though any rights which that such Guarantor may have against Borrower the Company or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent any Holder or any Lender the Required Holders to exercise, and no delay in exercising, any right hereunder under this Guaranty or under any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent each Holder and each Lender the Required Holders provided herein in this Guaranty and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent each Holder and each Lender hereunder the Required Holders under this Guaranty are not conditional or contingent on any attempt by Administrative Agent or any Lender Holder and the Required Holders to exercise any of its their rights under any other Obligation Document against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent Agent, on behalf of Lenders, shall have the right to enforce, from time to time, in any order and at Administrative Agent’s sole discretion, any rights, powers and remedies which Administrative Agent or the Lenders may have under this Guaranty or the Obligation Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor shall be liable to Administrative Agent and each Lender hereunder for any deficiency resulting from the exercise by Administrative Agent Agent, on behalf of Lenders, of any such right or remedy even though any rights which Guarantor may have against any Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender Agent, on behalf of Lenders, to exercise, and no delay in exercising, any right hereunder or under this Guaranty or any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender Agent, on behalf of Lenders, provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender Agent, on behalf of Lenders, hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any of its rights under this Guaranty or any other Obligation Document against Guarantor, any Obligor or any other Person.

Exercise of Remedies. (a) The Administrative Agent and Lenders shall have the right to enforce, from time to time, in any order and at the Administrative Agent’s and Lender's sole discretion, any rights, powers and remedies which the Administrative Agent or and Lenders may have under the Obligation Loan Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and the Guarantor shall be liable to the Administrative Agent and each Lender Lenders hereunder for any deficiency resulting from the exercise by the Administrative Agent and Lenders of any such right or remedy even though any rights which that the Guarantor may have against Borrower the Borrowers or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of the Administrative Agent or any Lender and Lenders to exercise, and no delay in exercising, any right hereunder or under any other Obligation Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of the Administrative Agent and each Lender Lenders provided herein and in the other Obligation Loan Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of the Administrative Agent and each Lender Lenders hereunder are not conditional or contingent on any attempt by the Administrative Agent or any Lender and Lenders to exercise any of its rights under any other Obligation Loan Document against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent and Lenders shall -------------------- have the right to enforce, from time to time, time and in any order and at Administrative Agent’s sole discretionorder, any rights, powers and remedies which Administrative Agent or Lenders they may have under the Obligation Loan Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and each Subsidiary Guarantor shall be liable to Administrative Agent and each Lender hereunder for any deficiency resulting from the exercise by Administrative Agent or any Lender of any such right or remedy even though any rights which such Subsidiary Guarantor may have against Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Obligation Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender provided herein and in pursuant to the other Obligation Loan Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any of its rights under any other Obligation Loan Document against any Obligor Related Person or any other Person.

Exercise of Remedies. Administrative Agent, for the benefit of Agent and Lenders, shall have the right to enforce, from time to time, in any order and at Administrative Agent’s sole discretion, any rights, powers and remedies which Administrative Agent or Lenders may have under the Obligation Loan Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other any properties or rights, whether real or personal, tangible or intangible; and Guarantor and, subject to Section 2(d), Guarantors shall be liable to Administrative Agent, for the benefit of Agent and each Lender Lenders, hereunder for any deficiency resulting from the exercise by Administrative Agent or any Lenders of any such right or remedy even though any rights which Guarantor that Guarantors may have against Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Obligation Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender Lenders provided herein and in the other Obligation Loan Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any of its their respective rights under any other Obligation Loan Document against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent Newfield shall have the right to enforce, from time to time, in any order and at Administrative Agent’s Newfield's sole discretion, any rights, powers and remedies which Administrative Agent or Lenders Newfield may have under the Obligation Documents Agreements or otherwise, including judicial foreclosureincluding, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rentsbut not limited to, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor shall be liable to Administrative Agent and each Lender Newfield hereunder for any deficiency resulting from the exercise by Administrative Agent Newfield of any such right or remedy even though any the rights which Guarantor may have against Borrower the Company or others other Person may be destroyed or diminished by the exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender Newfield to exercise, and no delay in exercising, any right hereunder or under any other Obligation Document Agreements shall operate as a waiver hereof or thereof; , nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender Newfield provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender Newfield hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender Newfield to exercise any of its rights under any other Obligation Document Agreements against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent (a) Lender shall have the right to enforce, from time to time, in any order and at Administrative AgentLender’s sole discretion, any rights, powers and remedies which Administrative Agent or Lenders Lender may have under the Obligation Loan Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and the Guarantor shall be liable to Administrative Agent and each Lender hereunder for any deficiency resulting from the exercise by Administrative Agent Lender of any such right or remedy even though any rights which that the Guarantor may have against Borrower the Borrowers or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender to exercise, and no delay in 1094129v2 exercising, any right hereunder or under any other Obligation Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender provided herein and in the other Obligation Loan Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any of its rights under any other Obligation Loan Document against any Obligor or any other Person.

Exercise of Remedies. Administrative The Collateral Agent on behalf of the Purchasers shall have the right to enforce, from time to time, in any order and at Administrative the Collateral Agent’s 's sole discretion, any rights, powers and remedies which Administrative the Collateral Agent or Lenders any Purchaser may have under the Obligation Transaction Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other any properties or rights, whether real or personal, tangible or intangible; and Guarantor Guarantors shall be jointly and severally liable to Administrative the Collateral Agent and each Lender the Purchasers hereunder for any deficiency resulting from the exercise by Administrative the Collateral Agent or any Purchaser of any such right or remedy even though any rights which Guarantor that Guarantors may have against any Co-Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative the Collateral Agent or any Lender Purchaser to exercise, and no delay in exercising, any right hereunder or under any other Obligation Transaction Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative the Collateral Agent and each Lender the Purchasers provided herein and in the other Obligation Transaction Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative the Collateral Agent and each Lender the Purchasers hereunder are not conditional or contingent on any attempt by Administrative the Collateral Agent or any Lender Purchaser to exercise any of its rights under any other Obligation Transaction Document against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent and Lenders shall have the right to enforce, from time to time, time and in any order and at Administrative Agent’s sole discretionorder, any rights, powers and remedies which Administrative Agent or Lenders they may have under the Obligation Loan Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and each Subsidiary Guarantor shall be liable to Administrative Agent and each Lender hereunder for any deficiency resulting from the exercise by Administrative Agent or any Lender of any such right or remedy even though any rights which such Subsidiary Guarantor may have against Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Obligation Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender provided herein and in pursuant to the other Obligation Loan Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any of its rights under any other Obligation Loan Document against any Obligor Related Person or any other Person.

Exercise of Remedies. Administrative Agent shall have The Lender may exercise, or waive or otherwise refrain from exercising, any right, remedy, power or privilege (including the right to enforceaccelerate the maturity of the Liabilities and any other Guaranteed Obligation and any power of sale) granted by any Loan Document or other document or agreement, from time or otherwise available to timethe Lender, in with respect to any order and at Administrative Agent’s sole discretionof the Guaranteed Obligations, any rightsof the Collateral or other security for any or all of the Guaranteed Obligations, powers and remedies which Administrative Agent or Lenders may have under the Obligation Documents or otherwise, including judicial foreclosure, even if the exercise of rights such right, remedy, power or privilege affects or eliminates any right of power the Guarantors against the Borrowers, any Affiliate of salethe Borrowers, any other Guarantor or any other Person. If any Borrower shall have taken advantage of, or be subject to the protection of, any provision in the Bankruptcy Code, the effect of which is to prevent or delay Lender from taking of a deed or assignment in lieu of foreclosureany remedial action against any Borrower, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor shall be liable to Administrative Agent and each Lender hereunder for any deficiency resulting from the exercise by Administrative Agent of any such right or remedy even though any rights which Guarantor may have against Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or including the exercise of any other right. The rightsoption Lender has to declare the Liabilities due and payable on the happening of any default or event by which under the terms of the Note or the Loan Documents, powers the Guaranteed Obligations shall become due and remedies of Administrative Agent and each Lender provided herein and in the other Obligation Documents are cumulative and are in addition topayable, and not exclusive ofLender may, as against Guarantors, nevertheless, declare the Guaranteed Obligations due and payable and enforce any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any all of its rights under any other Obligation Document and remedies against any Obligor the Guarantors provided for herein. All of the foregoing actions in this Section 6 may be taken (or not taken) as the Lender may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty or any other Personrights or security of the Lender.

Exercise of Remedies. Administrative Agent Agent, on behalf of Lenders, shall have the right to enforce, from time to time, in any order and at Administrative Agent’s sole discretion, any rights, powers and remedies which Administrative Agent or the Lenders may have under this Guaranty or the Obligation Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor shall be liable to Administrative Agent and each Lender hereunder for any deficiency resulting from the exercise by Administrative Agent Agent, on behalf of Lenders, of any such right or remedy even though any rights which Guarantor may have against Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender Agent, on behalf of Xxxxxxx, to exercise, and no delay in exercising, any right hereunder or under this Guaranty or any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender Agent, on behalf of Xxxxxxx, provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender Agent, on behalf of Xxxxxxx, hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any of its rights under this Guaranty or any other Obligation Document against Guarantor, any Obligor or any other Person.

Exercise of Remedies. Administrative Agent The Lender shall have the right to enforce, from time to time, in any order and at Administrative Agentthe Lender’s sole discretion, any rights, powers and remedies which Administrative Agent or Lenders the Lender may have under the Obligation Loan Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other any properties or rights, whether real or personal, tangible or intangible; and the Guarantor shall be liable to Administrative Agent and each the Lender hereunder for any deficiency resulting from the exercise by Administrative Agent the Lender of any such right or remedy even though any rights which that the Guarantor may have against Borrower any other Obligor or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any the Lender to exercise, and no delay in exercising, any right hereunder or under any other Obligation Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each the Lender provided herein and in the other Obligation Loan Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each the Lender hereunder are not conditional or contingent on any attempt by Administrative Agent or any the Lender to exercise any of its rights under any other Obligation Loan Document against any Obligor or any other Personperson or entity.

Exercise of Remedies. Administrative Agent Each Senior Creditor shall have the -------------------- right to enforce, from time to time, in any order and at Administrative Agent’s each Senior Creditor's sole discretion, any rights, powers and remedies which Administrative Agent or Lenders such Senior Creditor may have under the Credit Obligation Documents Instruments or otherwise, including including, but not limited to, judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or of assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor this Subordination Agreement shall be liable to Administrative Agent and each Lender hereunder for any deficiency resulting from the exercise by Administrative Agent of any such right or remedy remain effective even though any rights which Guarantor any Subordinate Creditor may have against Borrower the Borrower, any Subsidiary or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender a Senior Creditor to exercise, and no delay in exercising, any right hereunder or under any other Credit Obligation Document Instruments shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender Senior Creditor provided herein and in the other Credit Obligation Documents Instruments are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender Senior Creditor hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender Senior Creditor to exercise any of its rights under any other Credit Obligation Document Instrument against any Senior Obligor or any other Person.

Exercise of Remedies. Administrative Agent Newfield shall have the right to enforce, from time to time, in any order and at Administrative AgentNewfield’s sole discretion, any rights, powers and remedies which Administrative Agent or Lenders Newfield may have under the Obligation Documents Agreements or otherwise, including judicial foreclosureincluding, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rentsbut not limited to, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor shall be liable to Administrative Agent and each Lender Newfield hereunder for any deficiency resulting from the exercise by Administrative Agent Newfield of any such right or remedy even though any the rights which Guarantor may have against Borrower the Company or others other Person may be destroyed or diminished diminislied by the exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender Newfield to exercise, and no delay in exercising, any right hereunder or under any other Obligation Document Agreements shall operate as a waiver hereof or thereof; , nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender Newfield provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender Newfield hereunder are ace not conditional or contingent on any attempt by Administrative Agent or any Lender Newfield to exercise any of its rights under any other Obligation Document Agreements against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent Agent, LC Issuer and each Bank shall have the right to enforce, from time to time, in any order and at Administrative Agent’s 's, LC Issuer's or such Bank's sole discretion, any rights, powers and remedies which Administrative Agent Agent, LC Issuer or Lenders such Bank may have under the Obligation Loan Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor shall be liable to Administrative Agent Agent, LC Issuer and each Lender Bank hereunder for any deficiency resulting from the exercise by Administrative Agent Agent, LC Issuer or any Bank of any such right or remedy even though any rights which Guarantor may have against Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent Agent, LC Issuer or any Lender Bank to exercise, and no delay in exercising, any right hereunder or under any other Obligation Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent Agent, LC Issuer and each Lender Bank provided herein and in the other Obligation Loan Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent Agent, LC Issuer and each Lender Bank hereunder are not conditional or contingent on any attempt by Administrative Agent Agent, LC Issuer or any Lender Bank to exercise any of its rights under any other Obligation Loan Document against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent and each Lender shall have the -------------------- right to enforce, from time to time, in any order and at Administrative Agent’s 's or such Lender's sole discretion, any rights, powers and remedies which Administrative Agent or Lenders such Lender may have under this Guaranty or the Obligation Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor Guarantors shall be liable to Administrative Agent and each Lender hereunder for any deficiency resulting from the exercise by Administrative Agent or any Lender of any such right or remedy even though any rights which Guarantor Guarantors may have against Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any of its rights under any other Obligation Document against any Obligor or any other Person.

Exercise of Remedies. The Administrative Agent Agent, on behalf of any Lender Party, shall have the right to enforce (or to direct the Collateral Agent to enforce, as so required by the terms of the Loan Documents), from time to time, in any order and at Administrative Agent’s its sole discretion, any rights, powers and remedies which Administrative Agent or Lenders any Lender Party may have under the Obligation Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and each Guarantor shall be liable to Administrative Agent and each the Lender Parties hereunder for any deficiency resulting from the exercise by the Administrative Agent of any such right or remedy even though any rights which any Guarantor may have against the Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender Party to exercise, and no delay in exercising, any right hereunder or under any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each the Lender Parties provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each the Lender Parties hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender Party to exercise any of its rights under any other Obligation Document against any Obligor or any other Person.

Exercise of Remedies. Administrative Agent Agent, on behalf of Lenders, shall have the right to enforce, from time to time, in any order and at Administrative Agent’s sole discretion, any rights, powers and remedies which Administrative Agent or the Lenders may have under this Guaranty or the Obligation Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and Guarantor shall be liable to Administrative Agent and each Lender hereunder for any deficiency resulting from the exercise by Administrative Agent Agent, on behalf of Lenders, of any such right or remedy even though any rights which Guarantor may have against Borrower or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender Agent, on behalf of Xxxxxxx, to exercise, and no delay in exercising, any right hereunder or under this Guaranty or any other Obligation Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender Agent, on behalf of Lenders, provided herein and in the other Obligation Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender Agent, on behalf of Xxxxxxx, hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any of its rights under this Guaranty or any other Obligation Document against Guarantor, any Obligor or any other Person.

Exercise of Remedies. Administrative Agent (a) Lender shall have the right to enforce, from time to time, in any order and at Administrative AgentLender’s sole discretion, any rights, powers and remedies which Administrative Agent or Lenders Lender may have under the Obligation Loan Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible; and the Guarantor shall be liable to Administrative Agent and each Lender hereunder for any deficiency resulting from the exercise by Administrative Agent Lender of 0000000x0 any such right or remedy even though any rights which that the Guarantor may have against Borrower the Borrowers or others may be destroyed or diminished by exercise of any such right or remedy. No failure on the part of Administrative Agent or any Lender to exercise, and no delay in exercising, any right hereunder or under any other Obligation Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and each Lender provided herein and in the other Obligation Loan Documents are cumulative and are in addition to, and not exclusive of, any other rights, powers or remedies provided by law or in equity. The rights of Administrative Agent and each Lender hereunder are not conditional or contingent on any attempt by Administrative Agent or any Lender to exercise any of its rights under any other Obligation Loan Document against any Obligor or any other Person.