Common use of Exercise of Rights and Waiver Clause in Contracts

Exercise of Rights and Waiver. (a) No failure by Administrative Agent to exercise, and no delay in exercising, any right or remedy under this Guaranty shall operate as a waiver thereof. The exercise by Administrative Agent of any right or remedy under this Guaranty under the Loan Documents, or other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. (b) The obligations of Guarantor under this Guaranty are those of primary obligor, and not merely as surety, and are independent of the Obligations or Guaranteed Obligation. Guarantor waives diligence by Administrative Agent and action on delinquency in respect of the Obligation or Guaranteed Obligation or any part thereof, including any provisions of laws requiring Administrative Agent to exhaust any right or 1362188v2 F-6 remedy or to take any action against any Borrower, any of its Subsidiaries, any other guarantor or any other Person before enforcing this Guaranty against Guarantor. Guarantor hereby waives all rights by which it might be entitled to require suit on an accrued right of action in respect of any of the Obligations or Guaranteed Obligation or require suit against Borrowers or others, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended (regarding a Guarantor’s right to require Administrative Agent to sxx a Borrower on accrued right of action following a Guarantor’s written notice to Administrative Agent), Section 17.001 of the Texas Civil Practice and Remedies Code, as amended (allowing suit against a Guarantor without suit against a Borrower, but precluding entry of judgment against a Guarantor prior to entry of judgment against a Borrower), Rule 31 of the Texas Rules of Civil Procedure, as amended (requiring Administrative Agent to join any Borrower in any suit against a Guarantor unless judgment has been previously entered against a Borrower), or otherwise. (c) Guarantor waives notice of acceptance of this Guaranty, notice of any loan to which it may apply, and waives presentment, demand for payment, protest, notice of dishonor or nonpayment of any loan, notice of intent to accelerate, notice of acceleration, and notice of any suit or notice of the taking of other action by Administrative Agent against Borrowers, Guarantor or any other Person and any notice to any party liable thereon (including Guarantor).

Exercise of Rights and Waiver. (a) No failure by the Administrative Agent or any Investor to exercise, and no delay in exercising, any right or remedy under this Guaranty shall operate as a waiver thereof. The exercise by the Administrative Agent or any Investor of any right or remedy under this Guaranty under Guaranty, the Loan Transaction Documents, or any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. (b) The obligations of Guarantor under this Guaranty are those of primary obligor, and not merely as surety, and are independent of the Obligations or Guaranteed Obligation. Guarantor waives diligence by the Administrative Agent and the Investors and action on delinquency in respect of the Obligation or Guaranteed Obligation or any part thereof, including any provisions of laws requiring the Administrative Agent or any Investor to exhaust any right or 1362188v2 F-6 remedy or to take any action against any Borrower, any of its SubsidiariesGulf, any other guarantor Guarantor, or any other Person before enforcing this Guaranty against Guarantor. Guarantor hereby waives all rights by which it might be entitled to require suit on an accrued right of action in respect of any of the Obligations or Guaranteed Obligation or require suit against Borrowers Gulf or others, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended (regarding a Guarantor’s right to require the Administrative Agent or any Investor to sxx a Borrower xxx Gulf on accrued right of action following a Guarantor’s written notice to the Administrative AgentAgent or any such Investor), Section 17.001 of the Texas Civil Practice and Remedies Code, as amended (allowing suit against a Guarantor without suit against a BorrowerGulf, but precluding entry of judgment against a Guarantor prior to entry of judgment against a BorrowerGulf), Rule 31 of the Texas Rules of Civil Procedure, as amended (requiring the Administrative Agent or any Investor to join any Borrower Gulf in any suit against a Guarantor unless judgment has been previously entered against a BorrowerGulf), or otherwise. (c) Guarantor waives notice of acceptance of this Guaranty, notice of any loan to which it may apply, and waives presentment, demand for payment, protest, notice of dishonor or nonpayment of any loan, notice of intent to accelerate, notice of acceleration, and notice of any suit or notice of the taking of other action by the Administrative Agent or any Investor against BorrowersGulf, Guarantor or any other Person and any notice to any party liable thereon (including Guarantor), without reducing or affecting in any manner the liability of Guarantor under this Guaranty.

Exercise of Rights and Waiver. (a) No failure by Administrative Agent Lender to exercise, and no delay in exercising, any right or remedy under this Guaranty shall operate as a waiver thereof. The exercise by Administrative Agent Lender of any right or remedy under this Guaranty under the Loan Documents, or other instrument, or at law Law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. (b) The obligations of each Guarantor under this Guaranty are those of primary obligor, and not merely as surety, and are independent of the Obligations or Guaranteed Obligation. Each Guarantor waives diligence by Administrative Agent Lender and action on delinquency in respect of the Obligation or Guaranteed Obligation or any part thereof, including any provisions of laws requiring Administrative Agent Lender to exhaust any right or 1362188v2 F-6 remedy or to take any action against any Borrower, any of its SubsidiariesBorrowers, any other guarantor Guarantor, or any other Person before enforcing this Guaranty against any Guarantor. Each Guarantor hereby waives all rights by which it might be entitled to require suit on an accrued right of action in respect of any of the Obligations or Guaranteed Obligation or require suit against Borrowers any Borrower or others, whether arising pursuant to Section 34.02 43.002 of the Texas Business Civil Practice and Commerce Code, as amended Remedies Code (regarding a Guarantor’s Guarantors’ right to require Administrative Agent Lender to sxx a xxx any Borrower on accrued right of action following a Guarantor’s Guarantors’ written notice to Administrative AgentLender), Section 17.001 of the Texas Civil Practice and Remedies Code, as amended (allowing suit against a Guarantor without suit against a BorrowerBorrowers, but precluding entry of judgment against a Guarantor Guarantors prior to entry of judgment against a BorrowerBorrowers), Rule 31 of the Texas Rules of Civil Procedure, as amended (requiring Administrative Agent Lender to join any Borrower Borrowers in any suit against a Guarantor Guarantors unless judgment has been previously entered against a BorrowerBorrowers), or otherwise. (c) Each Guarantor waives notice of acceptance of this Guaranty, notice of any loan to which it may apply, and waives presentment, demand for payment, protest, notice of dishonor or nonpayment of any loan, notice of intent to accelerate, notice of acceleration, and notice of any suit or notice of the taking of other action by Administrative Agent Lender against Borrowersany Borrower, Guarantor any Guarantor, or any other Person person and any notice to any party liable thereon (including any Guarantor), without reducing or affecting in any manner the liability of the Guarantors under this Guaranty.

Exercise of Rights and Waiver. (a) No failure by Administrative Agent Lender to exercise, and no delay in exercising, any right or remedy under this Guaranty shall operate as a waiver thereof. The exercise by Administrative Agent Lender of any right or remedy under this Guaranty under the Loan Documents, or other instrument, or at law Law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. (b) The obligations of Guarantor Guarantors under this Guaranty are those of primary obligor, and not merely as surety, and are independent of the Obligations or Guaranteed Obligation. Each Guarantor waives diligence by Administrative Agent Lender and action on delinquency in respect of the Obligation or Guaranteed Obligation or any part thereof, including any provisions of laws requiring Administrative Agent Lender to exhaust any right or 1362188v2 F-6 remedy or to take any action against any Borrower, any of its Subsidiaries, Borrower any other guarantor or any other Person before enforcing this Guaranty against any Guarantor. Each Guarantor hereby waives all rights by which it might be entitled to require suit on an accrued right of action in respect of any of the Obligations or Guaranteed Obligation or require suit against Borrowers any Borrower, the other Guarantor or others, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended (regarding a Guarantor’s right to require Administrative Agent Lender to sxx a xxx any Borrower on accrued right of action following a Guarantor’s Guarantors’ written notice to Administrative AgentLender), Section 17.001 of the Texas Civil Practice and Remedies Code, as amended (allowing suit against a Guarantor without suit against a any Borrower, but precluding entry of judgment against a Guarantor prior to entry of judgment against a any Borrower), Rule 31 of the Texas Rules of Civil Procedure, as amended (requiring Administrative Agent Lender to join any Borrower in any suit against a Guarantor unless judgment has been previously entered against a any Borrower), or otherwise. (c) Each Guarantor waives notice of acceptance of this Guaranty, notice of any loan to which it may apply, and waives presentment, demand for payment, protest, notice of dishonor or nonpayment of any loan, notice of intent to accelerate, notice of acceleration, and notice of any suit or notice of the taking of other action by Administrative Agent Lender against Borrowersany Borrower, any Guarantor or any other Person and any notice to any party liable thereon (including such Guarantor).

Exercise of Rights and Waiver. (a) No failure by Administrative Agent Lender to exercise, and no delay in exercising, any right or remedy under this Guaranty shall operate as a waiver thereof. The exercise by Administrative Agent Lender of any right or remedy under this Guaranty under the Loan Documents, or other instrument, or at law Law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. (b) The obligations of each Guarantor under this Guaranty are those of primary obligor, and not merely as surety, and are independent of the Obligations or Guaranteed Obligation. Each Guarantor waives diligence by Administrative Agent Lender and action on delinquency in respect of the Obligation or Guaranteed Obligation or any part thereof, including any provisions of laws requiring Administrative Agent Lender to exhaust any right or 1362188v2 F-6 remedy or to take any action against any Borrower, any of its Subsidiariesother Guarantor, any other guarantor or any other Person before enforcing this Guaranty against any Guarantor. Each Guarantor hereby waives all rights by which it might be entitled to require suit on an accrued right of action in respect of any of the Obligations or Guaranteed Obligation or require suit against Borrowers Borrower or others, whether arising pursuant to Section 34.02 43.002 of the Texas Business Civil Practice and Commerce Code, as amended Remedies Code (regarding a Guarantor’s Guarantors’ right to require Administrative Agent Lender to sxx a Borrower on accrued right of action following a Guarantor’s Guarantors’ written notice to Administrative AgentLender), Section 17.001 of the Texas Civil Practice and Remedies Code, as amended (allowing suit against a Guarantor without suit against a Borrower, but precluding entry of judgment against a Guarantor Guarantors prior to entry of judgment against a Borrower), Rule 31 of the Texas Rules of Civil Procedure, as amended (requiring Administrative Agent Lender to join any Borrower in any suit against a Guarantor Guarantors unless judgment has been previously entered against a Borrower), or otherwise. (c) Each Guarantor waives notice of acceptance of this Guaranty, notice of any loan to which it may apply, and waives presentment, demand for payment, protest, notice of dishonor or nonpayment of any loan, notice of intent to accelerate, notice of acceleration, and notice of any suit or notice of the taking of other action by Administrative Agent Lender against BorrowersBorrower, Guarantor any Guarantor, or any other Person person and any notice to any party liable thereon (including any Guarantor), without reducing or affecting in any manner the liability of the Guarantors under this Guaranty.

Exercise of Rights and Waiver. (a) No failure by Administrative Agent Lender to exercise, and no delay in exercising, any right or remedy under this Guaranty shall operate as a waiver thereof. The exercise by Administrative Agent Lender of any right or remedy under this Guaranty under the Loan Documents, or other instrument, or at law Law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. (b) The obligations of Guarantor Guarantors under this Guaranty are those of primary obligor, and not merely as surety, and are independent of the Obligations or Guaranteed Obligation. Each Guarantor waives diligence by Administrative Agent Lender and action on delinquency in respect of the Obligation or Guaranteed Obligation or any part thereof, including any provisions of laws requiring Administrative Agent Lender to exhaust any right or 1362188v2 F-6 remedy or to take any action against any Borrower, any of its Subsidiariesother Guarantor, any other guarantor or any other Person before enforcing this Guaranty against GuarantorGuarantors. Each Guarantor hereby waives all rights by which it might be entitled to require suit on an accrued right of action in respect of any of the Obligations or Guaranteed Obligation or require suit against Borrowers Borrower or others, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended (regarding a Guarantor’s Guarantors’ right to require Administrative Agent Lender to sxx a Borrower on accrued right of action following a Guarantor’s Guarantors’ written notice to Administrative AgentLender), Section 17.001 of the Texas Civil Practice and Remedies Code, as amended (allowing suit against a any Guarantor without suit against a Borrower, but precluding entry of judgment against a any such Guarantor prior to entry of judgment against a Borrower), Rule 31 of the Texas Rules of Civil Procedure, as amended (requiring Administrative Agent Lender to join any Borrower in any suit against a Guarantor Guarantors unless judgment has been previously entered against a Borrower), or otherwise. (c) Except as otherwise expressly required under any Loan Document, each Guarantor waives notice of acceptance of this Guaranty, notice of any loan to which it may apply, and waives presentment, demand for payment, protest, notice of dishonor or nonpayment of any loan, notice of intent to accelerate, notice of acceleration, and notice of any suit or notice of the taking of other action by Administrative Agent Lender against BorrowersBorrower, Guarantor any Guarantor, or any other Person person and any notice to any party liable thereon (including GuarantorGuarantors), without reducing or affecting in any manner the liability of the Guarantors under this Guaranty.

Exercise of Rights and Waiver. (a) No failure by Administrative Agent to exercise, and no delay in exercising, any right or remedy under this Guaranty shall operate as a waiver thereof. The exercise by Administrative Agent of any right or remedy under this Guaranty under the Loan Documents, or other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by law Law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. (b) The obligations of Guarantor under this Guaranty are those of primary obligor, and not merely as surety, and are independent of the Obligations or Guaranteed ObligationObligations. Guarantor waives diligence by Administrative Agent and action on delinquency in respect of the Obligation or Guaranteed Obligation Obligations or any part thereof, including any provisions of laws Laws requiring Administrative Agent to exhaust any right or 1362188v2 F-6 remedy or to take any action against any Borrower, any of its Subsidiaries, any other guarantor or any other Person before enforcing this Guaranty against Guarantor. Guarantor hereby waives all rights by which it might be entitled to require suit on an accrued right of action in respect of any of the Guaranteed Obligations or Guaranteed Obligation or require suit against Borrowers or others, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended (regarding a Guarantor’s right to require Administrative Agent to sxx a Borrower on accrued right of action following a Guarantor’s written notice to Administrative Agent), Section 17.001 of the Texas Civil Practice and Remedies Code, as amended (allowing suit against a Guarantor without suit against a Borrower, but precluding entry of judgment against a Guarantor prior to entry of judgment against a Borrower), Rule 31 of the Texas Rules of Civil Procedure, as amended (requiring Administrative Agent to join any Borrower in any suit against a Guarantor unless judgment has been previously entered against a Borrower), or otherwise. (c) Guarantor waives notice of acceptance of this Guaranty, notice of any loan to which it may apply, and waives presentment, demand for payment, protest, notice of dishonor or nonpayment of any loan, notice of intent to accelerate, notice of acceleration, and notice of any suit or notice of the taking of other action by Administrative Agent against Borrowers, Guarantor or any other Person and any notice to any party liable thereon (including Guarantor).

Exercise of Rights and Waiver. (a) No failure by Administrative Agent Lender to exercise, and no delay in exercising, any right or remedy under this Guaranty shall operate as a waiver thereof. The exercise by Administrative Agent Lender of any right or remedy under this Guaranty under Guaranty, the Loan Documents, or other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. (b) The obligations of Guarantor under this Guaranty are those of primary obligor, and not merely as surety, and are independent of the Obligations or Guaranteed Obligation. Guarantor waives diligence by Administrative Agent Lender and action on delinquency in respect of the Obligation or Guaranteed Obligation or any part thereof, including any provisions of laws requiring Administrative Agent Lender to exhaust any right or 1362188v2 F-6 remedy or to take any action against any Borrower, any of its Subsidiaries, any other guarantor Guarantor or any other Person before enforcing this Guaranty against Guarantor. Guarantor hereby waives all rights by which it Guarantor might be entitled to require suit on an accrued right of action in respect of any of the Obligations or Guaranteed Obligation or require suit against Borrowers Borrower or others, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended (regarding a Guarantor’s right to require Administrative Agent to sxx a Borrower on accrued right of action following a Guarantor’s written notice to Administrative Agent), Section 17.001 of the Texas Civil Practice and Remedies Code, as amended (allowing suit against a Guarantor without suit against a Borrower, but precluding entry of judgment against a Guarantor prior to entry of judgment against a Borrower), Rule 31 of the Texas Rules of Civil Procedure, as amended (requiring Administrative Agent to join any Borrower in any suit against a Guarantor unless judgment has been previously entered against a Borrower), or otherwise. (c) Guarantor waives notice of acceptance of this Guaranty, notice of any loan to which it this Guaranty may apply, and waives presentment, demand for payment, protest, notice of dishonor or nonpayment of any loan, notice of intent to accelerate, notice of acceleration, and notice of any suit or notice of the taking of other action by Administrative Agent Lender against BorrowersBorrower, Guarantor or any other Person and any notice to any party liable thereon (including Guarantor), without reducing or affecting in any manner the liability of Guarantor under this Guaranty.

Exercise of Rights and Waiver. (a) No failure by Administrative Agent Lender to exercise, and no delay in exercising, any right or remedy under this Guaranty shall operate as a waiver thereof. The exercise by Administrative Agent the Lender of any right or remedy under this Guaranty Guaranty, under the Loan Documents, or other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy. The remedies provided in this Guaranty are cumulative and not exclusive of any remedies provided by applicable law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. (b) The obligations of Guarantor under this Guaranty are those of primary obligor, and not merely as surety, and are independent of the Obligations or Guaranteed ObligationObligations. Guarantor waives diligence by Administrative Agent Lender and action on delinquency in respect of the Obligation Obligations or Guaranteed Obligation or any part thereof, including any provisions of laws applicable law requiring Administrative Agent the Lender to exhaust any right or 1362188v2 F-6 remedy or to take any action against any Borrower, any of its Subsidiaries, any other guarantor or any other Person before enforcing this Guaranty against Guarantor. Guarantor hereby waives all rights by which it might be entitled to require suit on an accrued right of action in respect of any of the Obligations or Guaranteed Obligation or require suit against Borrowers any Borrower or others, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended (regarding a Guarantorguarantor’s right to require Administrative Agent a lender to sxx xxx a Borrower borrower on accrued right of action following a Guarantorguarantor’s written notice to Administrative Agenta lender), Section 17.001 of the Texas Civil Practice and Remedies Code, as amended (allowing suit against a Guarantor guarantor without suit against a Borrowerborrower, but precluding entry of judgment against a Guarantor guarantor prior to entry of judgment against a Borrowerborrower), Rule 31 of the Texas Rules of Civil Procedure, as amended (requiring Administrative Agent a lender to join any Borrower a borrower in any suit against a Guarantor guarantor unless judgment has been previously entered against a Borrowerborrower), or otherwise. (c) Guarantor waives notice of acceptance of this Guaranty, notice of any loan to which it may apply, and waives presentment, demand for payment, protest, notice of dishonor or nonpayment of any loan, notice of intent to accelerate, notice of acceleration, and notice of any suit or notice of the taking of other action by Administrative Agent the Lender against Borrowers, Guarantor or any other Person and any notice to any party liable thereon (including Guarantor).