Common use of GUARANTOR'S WAIVERS Clause in Contracts

GUARANTOR'S WAIVERS. The Guarantor waives any right to require the Bank to (a) proceed against the Borrower or any other Person liable on the Indebtedness, (b) enforce its rights against any other guarantor of any portion of the Indebtedness, (c) proceed or enforce its rights against or exhaust any security given to secure any portion of the Indebtedness, (d) have the Borrower joined with the Guarantor in any suit arising out of this Guaranty Agreement and/or the Indebtedness, or (e) pursue any other remedy in the Bank’s power whatsoever. The Bank shall not be required to mitigate damages or take any action to reduce, collect or enforce the Indebtedness. The Guarantor waives any defense arising by reason of any disability, lack of corporate authority or power, or other defense of the Borrower or any other guarantor of any portion of the Indebtedness, and shall remain liable hereon regardless of whether the Borrower or any other guarantor be found not liable thereon for any reason. Until the Indebtedness shall have been paid in full, the Guarantor shall not have any right of subrogation. Until the Indebtedness shall have been paid in full, the Guarantor waives any right to enforce any remedy which the Bank now has or may hereafter have against the Borrower, and waives any benefit of any right to participate in any security now or hereafter held by the Bank.

GUARANTOR'S WAIVERS. The Guarantor waives any right to require any of the Bank Lenders to (ai) proceed against the Borrower or any other Person person liable on the IndebtednessLiabilities, (bii) enforce its any of their rights against any other guarantor of any portion of the IndebtednessLiabilities, (ciii) proceed or enforce its any of their rights against or exhaust any security given to secure any portion of the IndebtednessLiabilities, (div) have the Borrower joined with the Guarantor in any suit arising out of this Guaranty Agreement and/or the IndebtednessLiabilities, or (ev) pursue any other remedy in the Bank’s power Lenders' powers whatsoever. The Bank Lenders shall not be required to mitigate damages or take any action to reduce, collect or enforce the IndebtednessLiabilities. The Guarantor waives any defense arising by reason of any disability, lack of corporate authority or power, or other defense of the Borrower or any other guarantor of any portion of the IndebtednessLiabilities, and shall remain liable hereon regardless of whether the Borrower or any other guarantor be found not liable thereon for any reason. Until Whether and when to exercise any of the Indebtedness remedies of the Lenders under any of the Loan Documents shall have been paid be in full, the Guarantor shall not have any right sole and absolute discretion of subrogation. Until the Indebtedness shall have been paid in full, the Guarantor waives any right to enforce any remedy which the Bank now has or may hereafter have against the BorrowerAgent, and waives any benefit of any right to participate in any security now or hereafter held no delay by the BankAgent in enforcing any remedy, including delay in conducting a foreclosure sale, shall be a defense to the Guarantor's liability under this Guaranty.

GUARANTOR'S WAIVERS. The (a) Each Guarantor waives any right to require any of the Bank Lenders to (ai) proceed against the Borrower Borrowers or any other Person liable on the IndebtednessObligations, (bii) enforce its any of their rights against any other guarantor of any portion of the IndebtednessObligations, (ciii) proceed or enforce its any of their rights against or exhaust any security given to secure any portion of the IndebtednessObligations, (div) have the Borrower Borrowers joined with the any Guarantor in any suit arising out of this Guaranty Agreement Article X and/or the IndebtednessObligations, or (ev) pursue any other remedy in the Bank’s power Lenders’ powers whatsoever. It is agreed between the Guarantors and the Lenders that the foregoing waivers are of the essence of the transaction contemplated by this Agreement and the other Loan Documents and that, but for this guaranty and such waivers, the Lenders would not extend or continue to extend credit under this Agreement. The Bank Lenders shall not be required to mitigate damages or take any action to reduce, collect or enforce the IndebtednessObligations. The Each Guarantor waives any defense arising by reason of any disability, lack of corporate authority or power, or other defense of the Borrower Borrowers or any other guarantor of any portion of the IndebtednessObligations, and shall remain liable hereon regardless of whether the Borrower Borrowers or any other guarantor be found not liable thereon for any reason. Whether and when to exercise any of the remedies of the Lenders under any of the Loan Documents shall be in the sole and absolute discretion of the Agent, and no delay by the Agent in enforcing any remedy, including delay in conducting a foreclosure sale, shall be a defense to any Guarantor’s liability under this Article X. (b) In addition to the waivers contained in Subsection 10.04(a), the Guarantors waive, and agree that they shall not at any time insist upon, plead or in any manner whatsoever claim or take the benefit or advantage of, any appraisal, valuation, stay, extension, marshaling of assets or redemption laws, or exemption, whether now or at any time hereafter in force, which may delay, prevent or otherwise affect the performance by the Guarantors of their obligations under, or the enforcement by any Agent or the Lenders of, this guaranty. The Guarantors hereby waive diligence, presentment and demand (whether for nonpayment or protest or of acceptance, maturity, extension of time, change in nature or form of the Obligations, acceptance of further security, release of further security, composition or agreement arrived at as to the amount of, or the terms of, the Obligations, notice of adverse change in the Borrowers’ financial condition or any other fact which might materially increase the risk to the Guarantors) with respect to any of the Obligations or all other demands whatsoever and waive the benefit of all provisions of law which are or might be in conflict with the terms of this Article X. The Guarantors, jointly and severally, represent, warrant and agree that, as of the date of this Guaranty, their obligations under this Guaranty are not subject to any offsets or defenses of any kind against any Agent, the Lenders, the Borrowers or any other Person that executes a Loan Document. The Guarantors further jointly and severally agree that their obligations under this guaranty shall not be subject to any counterclaims, offsets or defenses of any kind which may arise in the future against any Agent, the Lenders, the Borrowers or any other Person that executes a Loan Document. (c) Until the Indebtedness shall Obligations have been paid in full, each Guarantor waives all rights of subrogation or reimbursement against the Guarantor shall not have Borrowers, whether arising by contract or operation of law (including any such right of subrogation. Until arising under the Indebtedness shall have been paid in fullBankruptcy Code or any other Federal, the Guarantor state or other applicable insolvency laws) and waives any right to enforce any remedy which the Bank Lenders now has have or may hereafter have against the BorrowerBorrowers, and waives any benefit of or any right to participate in any security now or hereafter held by the BankAgent or any Lender.

GUARANTOR'S WAIVERS. The Guarantor waives any right to require any of the Bank Lenders to (ai) proceed against the Borrower or any other Person person liable on the IndebtednessLiabilities, (bii) enforce its any of their rights against any other guarantor of any portion of the IndebtednessLiabilities, (ciii) proceed or enforce its any of their rights against or exhaust any security given to secure any portion of the IndebtednessLiabilities, (div) have the Borrower joined with the Guarantor in any suit arising out of this Guaranty Agreement and/or the IndebtednessLiabilities, or (ev) pursue any other remedy in the Bank’s power Lenders’ powers whatsoever. The Bank Lenders shall not be required to mitigate damages or take any action to reduce, collect or enforce the IndebtednessLiabilities. The Guarantor waives any defense arising by reason of any disability, lack of corporate authority or power, or other defense of the Borrower or any other guarantor of any portion of the IndebtednessLiabilities, and shall remain liable hereon regardless of whether the Borrower or any other guarantor be found not liable thereon for any reason. Until Whether and when to exercise any of the Indebtedness remedies of the Lenders under any of the Loan Documents shall have been paid be in full, the Guarantor shall not have any right sole and absolute discretion of subrogation. Until the Indebtedness shall have been paid in full, the Guarantor waives any right to enforce any remedy which the Bank now has or may hereafter have against the BorrowerAgent, and waives any benefit of any right to participate in any security now or hereafter held no delay by the BankAgent in enforcing any remedy, including delay in conducting a foreclosure sale, shall be a defense to the Guarantor’s liability under this Guaranty.

GUARANTOR'S WAIVERS. The Guarantor waives any right to require the Bank Lenders to (a) proceed against the Borrower or any other Person person liable on the IndebtednessObligations, (b) enforce its rights against any other guarantor of any portion of the Indebtedness, Obligations (c) proceed or enforce its rights against or exhaust any security given to secure any portion of the Indebtedness, Obligations (d) have the Borrower joined with the Guarantor in any suit arising out of this Guaranty Agreement and/or the IndebtednessObligations, or (e) pursue any other remedy in the Bank’s power Lenders' powers whatsoever. The Bank Lenders shall not be required to mitigate damages or take any action to reduce, collect or enforce the IndebtednessObligations. The Guarantor waives any defense arising by reason of any disability, lack of corporate authority or power, or other defense of the Borrower or any other guarantor of any portion of the IndebtednessObligations, and shall remain liable hereon regardless of whether the Borrower or any other guarantor be found not liable thereon for any reason. Until Whether and when to exercise any of the Indebtedness remedies of the Lenders under any of the Loan Documents shall have been paid be in fullthe sole and absolute discretion of the Lenders, and no delay by the Agent in enforcing any remedy, including delay in conducting a foreclosure sale, shall be a defense to the Guarantor's liability under this Guaranty Agreement. To the extent allowed by applicable law, the Guarantor shall not have any right of subrogation. Until the Indebtedness shall have been paid in full, the Guarantor hereby waives any right to enforce good faith duty on the part of the Agent or the Lenders in exercising any remedy which remedies provided in the Bank now has or may hereafter have against the Borrower, and waives any benefit of any right to participate in any security now or hereafter held by the BankLoan Documents.

GUARANTOR'S WAIVERS. The Guarantor hereby waives presentment, demand, notice of non-payment and notice of protest, dishonor, notice of default, notice of intent to accelerate, notice acceleration, notice of intent to proceed against co1lateral, or any other notice whatsoever on or with respect to any and all of the Obligations, and also notice of acceptance of this Guaranty, acceptance on the party of Lease Compaines being conclusively presumed by its request for this Guaranty and delivery of the same to it. Guarantor further waives any right to require the Bank Lease Companies, and it shall not be necessary for Lease Companies in order to enforce payment by Guarantor hereunder, to first (a) proceed against the Borrower Borrowers or any other Person person liable on the IndebtednessObligations, (b) enforce its rights against any other guarantor of any portion of the Indebtedness, (c) proceed or enforce its rights against or exhaust any security given to secure any portion of the IndebtednessObligations, (dc) have the Borrower Borrowers joined with the Guarantor in any suit arising out of this Guaranty Agreement and/or any of the IndebtednessObligations, or (ed) pursue any other remedy in the Bank’s Lease Companies' power whatsoever. The Bank Lease Companies shall not be required to mitigate damages or take any action to reduce, collect collect, or enforce the IndebtednessObligations. The Guarantor further waives any defense arising by reason of any disability, lack of corporate authority or power, or other defense of the Borrower Borrowers or any other guarantor guarantors of any portion of the IndebtednessObligations, and shall remain liable hereon regardless of whether the Borrower Borrowers or any other guarantor guarantors be found not liable thereon for any reason. Until the Indebtedness shall have been paid in full, the Guarantor shall not have any right hereby waives all rights of subrogation. Until the Indebtedness shall have been paid in full, the Guarantor subrogation and contribution against Borrowers and waives any right to enforce any remedy which the Bank Lease Companies now has or may hereafter have against the BorrowerBorrowers, and waives any benefit of any right to participate in any security now or hereafter held by the BankLease Companies.

GUARANTOR'S WAIVERS. The Guarantor waives any right to require ------------------- the Bank to (a) proceed against the Borrower or any other Person person liable on the IndebtednessLiabilities, (b) enforce its rights against any other guarantor of any portion of the Indebtedness, Liabilities (c) proceed or enforce its rights against or exhaust any security given to secure any portion of the Indebtedness, Liabilities (d) have the Borrower joined with the Guarantor in any suit arising out of this Guaranty Agreement and/or the IndebtednessLiabilities, or (e) pursue any other remedy in the Bank’s power 's powers whatsoever. The Bank shall not be required to mitigate damages or take any action to reduce, collect or enforce the IndebtednessLiabilities. The Guarantor waives any defense arising by reason of any disability, lack of corporate authority or power, or other defense of the Borrower or any other guarantor of any portion of the IndebtednessLiabilities, and shall remain liable hereon regardless of whether the Borrower or any other guarantor be found not liable thereon for any reason. Until the Indebtedness Liabilities shall have been paid in full, the Guarantor shall not have any right of subrogation. Until the Indebtedness shall have been paid in full, the Guarantor waives any right to enforce any remedy which the Bank now has or may hereafter have against the Borrower, and waives any benefit of any right to participate in any security now or hereafter held by the Bank. Whether and when to exercise any of the remedies of the Bank under any of the Loan Documents shall be in the sole and absolute discretion of the Bank, and no delay by the Bank in enforcing any remedy, including delay in conducting a foreclosure sale, shall be a defense to the Guarantor's liability under this Guaranty Agreement. To the extent allowed by applicable law, the Guarantor hereby waives any good faith duty on the part of the Bank in exercising any remedies provided in the Loan Documents and any requirement of liquidation of any collateral pledged by the Borrower to be "commercially reasonable" under the Texas Business and Commerce Code.