Guarantor’s Rights. Until the Secured Obligations have been irrevocably performed and paid in full and unless the Security Trustee (for itself and for and on behalf of the other Beneficiaries) otherwise directs, the Guarantor will not exercise any rights which it may have by reason of any amount being payable, or liability arising under this Guarantee:
Guarantor’s Rights. Until the Guaranteed Obligations (other than contingent and un-asserted indemnification and expense reimbursement claims) shall have been indefeasibly paid in full, in Cash, Guarantor hereby waives any claim, right or remedy, direct or indirect, that Guarantor now has or may hereafter have against Company or any other Loan Party or any of their respective assets in connection with this Guaranty or the performance by such other Loan Party of its obligations under the Loan Documents, as the case may be, in each case whether such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise and including without limitation (a) any right of subrogation, reimbursement or indemnification that Guarantor or any other Loan Party now has or may hereafter have against Company with respect to the Guaranteed Obligations, (b) any right to enforce, or to participate in, any claim, right or remedy that Administrative Agent or any Lender now has or may hereafter have against Company or any other Person, and (c) any benefit of, and any right to participate in, any Collateral or security now or hereafter held by Administrative Agent or any Lender. In addition, until the Guaranteed Obligations (other than contingent and un-asserted indemnification and expense reimbursement claims) shall have been indefeasibly paid in full, in Cash, Guarantor shall withhold from exercising any right of contribution that Guarantor may have against any other Loan Party. Guarantor further agrees that, to the extent the waiver or agreement to withhold from exercising Guarantor’s rights set forth herein is found by a court of competent jurisdiction to be void or voidable for any reason, any such rights that Guarantor may have against Company, any Collateral or security or any other Loan Party, in each case pursuant to the Loan Documents, shall be junior and subordinate to any rights Administrative Agent and/or any Lender may have against Company, to all right, title and interest Administrative Agent and/or any Lender may have in any such Collateral or security, and to any right Administrative Agent and/or any Lender may have against such other Loan Party, in each case pursuant to the Loan Documents. If any amount shall be paid to Guarantor on account of any such rights at any time when all Guaranteed Obligations then due and owing (other than contingent and un-asserted indemnification and expense reimbursement claims) shall not have been indefeasibly paid in ful...
Guarantor’s Rights. By its acceptance of this Guaranty, the Buyer ------------------ agrees that the Guarantor shall have no greater liability to the Buyer than the Guarantor would have if it was a party to the Asset Purchase Agreement with joint and several liability for the obligations of the Sellers thereunder. Accordingly, the Guarantor shall have the right to avail itself of any and all defenses to and valid setoffs, counterclaims and claims of recoupment against any or all of the Guaranteed Obligations that may at any time be available to the Sellers. Notwithstanding the foregoing, the obligations of the Guarantor hereunder are independent of the obligations of the Sellers and a separate action or actions may be brought against the Guarantor regardless of whether action is brought against the Sellers or whether the Sellers will be joined in any such action or actions. The Guarantor waives any right to require the Buyer to proceed against the Sellers or to pursue any other remedy in the Buyer's power whatsoever.
Guarantor’s Rights. Nothing in this Guarantee Agreement shall:
Guarantor’s Rights. (a) Notwithstanding any provision herein to the contrary, the Guarantor shall have the right to enforce any of the provisions herein including Xxxxxx’s rights under the Loan Documents against the Lender and the Borrower.
Guarantor’s Rights. Notwithstanding anything to the contrary contained in this Article 12, in any claim by the Agent or any Lender against any Guarantor, nothing shall impair or prevent such Guarantor from asserting any set-off or counterclaim, claim or other right that the Borrowers may have against the Agent or any Lender and arising in respect of this Agreement.
Guarantor’s Rights. 7.1 So long as no Event of Default shall have occurred and be continuing, Guarantor shall have the right to vote and give consents with respect to the Pledged Collateral or any part thereof for all purposes not inconsistent with the provisions of this Agreement and the Loan Agreement; provided, however, that no vote shall be cast, and no consent shall be given or action taken, which would have the effect of materially impairing the position or interest of Agent in respect of the Pledged Collateral.
Guarantor’s Rights. Except as herein provided and provided that Borrower is not in default under the provisions of the Loan, the Debenture or any agreement related thereto, and Guarantor is not in default under the provisions of the Continuing Guarantee, the Debenture, or any agreements related thereto, Guarantor shall be entitled to receive and collect any and all cash dividends accruing with respect to the Stock held under this Agreement and shall have and retain all voting rights in connection therewith; provided, however, no dividends, salary or bonuses or any other amounts of any type or nature shall be paid, regardless of past practices, if the amount would materially threaten to impair Borrower's solvency or ability to meet all of its material obligations in the ordinary course of business.
Guarantor’s Rights. (a) Borrower and NS Entities shall promptly notify Guarantor of any default of, or state of facts that would reasonably likely result in a default of, Borrower or NS Entities under any Loan Document.
Guarantor’s Rights. The Guarantor does not have to refer any claims made to it directly by the Landlord to the Assignee and may pay or settle all and such claims as it sees fit without affecting the Assignee’s liability under this deed.
