Common use of Liability Not Contingent Clause in Contracts

Liability Not Contingent. The liability of each Guarantor on this Guaranty shall not be contingent upon the exercise or enforcement by the Bank of whatever remedies it may have against FAAC or others, or the enforcement of any lien or realization upon any security or collateral the Bank may at any time possess. Any one or more successive and/or concurrent actions may be brought hereon against each Guarantor either in the same action, if any, brought against FAAC or in separate actions, as often as the Bank, in its sole discretion, may deem advisable. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Bank’s right to proceed in any other form of action or proceeding or against other parties unless the Bank has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Bank against FAAC under any document or instrument evidencing or securing the Indebtedness shall serve to diminish the liability of any Guarantor, except to the extent the Bank realizes payment by such action or proceeding, notwithstanding the effect of any such action or proceeding upon each Guarantor’s right of subrogation against FAAC. Receipt by the Bank of payment or payments with knowledge of the breach of any provision with respect to any of the Indebtedness shall not, as to each Guarantor, be deemed a waiver of such breach. All rights, powers and remedies of the Bank hereunder and under any other agreement now or at any time hereafter in force between the Bank and each Guarantor shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the Bank by law.

Liability Not Contingent. The liability of each Guarantor on this Guaranty shall not be contingent upon the exercise or enforcement by the Bank Standard Federal of whatever remedies it may have against FAAC the Borrower or others, or the enforcement of any lien or realization upon any security or collateral the Bank Standard Federal may at any time possess. Any one or more successive and/or concurrent actions may be brought hereon against each Guarantor either in the same action, if any, brought against FAAC Borrower or in separate actions, as often as the BankStandard Federal, in its it sole discretion, may deem advisable. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Bank’s Standard Federal's right to proceed in any other form of action or proceeding or against other parties unless the Bank Standard Federal has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Bank Standard Federal against FAAC Borrower under any document or instrument evidencing or securing the Indebtedness shall serve to diminish the liability of any Guarantor, except to the extent the Bank Standard Federal realizes payment by such action or proceeding, notwithstanding the effect of any such action or proceeding upon each Guarantor’s 's right of subrogation against FAACBorrower. Receipt by the Bank Standard Federal of payment or payments with knowledge of the breach of any provision with respect to any of the Indebtedness shall not, as to each the Guarantor, be deemed a waiver of such breach. All rights, powers and remedies of the Bank Standard Federal hereunder and under any other agreement now or at any time hereafter in force between Standard Federal and the Bank and each Guarantor shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the Bank Standard Federal by law.

Liability Not Contingent. The liability of each Guarantor Xxxxxxx on this Second Amended Guaranty shall not be contingent upon the exercise or enforcement by the Bank SHS of whatever remedies it may have against FAAC Borrower or others, or the enforcement of any lien or realization upon any security or collateral the Bank SHS may at any time possess. Any one or more successive and/or concurrent actions may be brought hereon against each Guarantor Xxxxxxx either in the same action, if any, brought against FAAC Borrower or in separate actions, as often as the BankSHS, in its sole discretion, may deem advisable. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Bank’s SHS's right to proceed in any other form of action or proceeding or against other parties unless the Bank SHS has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Bank SHS against FAAC Borrower under any document or instrument evidencing or securing the Indebtedness shall serve to diminish the liability of any GuarantorXxxxxxx, except to the extent the Bank SHS realizes payment by such action or proceeding, notwithstanding the effect of any such action or proceeding upon each Guarantor’s Xxxxxxx'x right of subrogation against FAACBorrower. Receipt by the Bank SHS of payment or payments with knowledge of the breach of any provision with respect to any of the Indebtedness shall not, as to each GuarantorXxxxxxx, be deemed a waiver of such breach. All rights, powers and remedies of the Bank SHS hereunder and under any other agreement now or at any time hereafter in force between the Bank SHS and each Guarantor Xxxxxxx shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the Bank SHS by law.

Liability Not Contingent. The liability of each Guarantor on this Guaranty shall not be contingent upon the exercise or enforcement by the Bank of whatever remedies it may have against FAAC the Borrower or others, or the enforcement of any lien or realization upon any security or collateral the Bank may at any time possess. Any one or more successive and/or concurrent actions may be brought hereon against each Guarantor either in the same action, if any, brought against FAAC the Borrower or in separate actions, as often as the Bank, in its sole discretion, may deem advisable. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Bank’s 's right to proceed in any other form of action or proceeding or against other parties unless the Bank has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Bank against FAAC the Borrower under any document or instrument evidencing or securing the Indebtedness shall serve to diminish the liability of any Guarantor, except to the extent the Bank realizes payment by such action or proceeding, notwithstanding the effect of any such action or proceeding upon each Guarantor’s 's right of subrogation against FAACthe Borrower. Receipt by the Bank of payment or payments with knowledge of the breach of any provision with respect to any of the Indebtedness shall not, as to each Guarantor, be deemed a waiver of such breach. All rights, powers and remedies of the Bank hereunder and under any other agreement now or at any time hereafter in force between the Bank and each Guarantor shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the Bank by law.

Liability Not Contingent. The liability of each Guarantor on this Guaranty shall not be contingent upon the exercise or enforcement by the Bank of whatever remedies it may have against FAAC the Borrower or others, or the enforcement of any lien or realization upon any security or collateral the Bank may at any time possess. Any one or more successive and/or concurrent actions may be brought hereon against each Guarantor either in the same action, if any, brought against FAAC Borrower or in separate actions, as often as the Bank, in its sole sole, reasonable discretion, may deem advisable. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Bank’s right to proceed in any other form of action or proceeding or against other parties unless the Bank has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Bank against FAAC Borrower under any document or instrument evidencing or securing the Indebtedness shall serve to diminish the liability of any Guarantor, except to the extent the Bank realizes payment by such action or proceeding, notwithstanding the effect of any such action or proceeding upon each Guarantor’s right of subrogation against FAACBorrower. Receipt by the Bank of payment or payments with knowledge of the breach of any provision with respect to any of the Indebtedness shall not, as to each Guarantor, be deemed a waiver of such breach. All rights, powers and remedies of the Bank hereunder and under any other agreement now or at any time hereafter in force between the Bank and each Guarantor shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the Bank by law.

Liability Not Contingent. The liability of each Guarantor Xxxxxxx on this Amended Guaranty shall not be contingent upon the exercise or enforcement by the Bank SCOLP of whatever remedies it may have against FAAC either Borrower or others, or the enforcement of any lien or realization upon any security or collateral the Bank SCOLP may at any time possess. Any one or more successive and/or concurrent actions may be brought hereon against each Guarantor Xxxxxxx either in the same action, if any, brought against FAAC either Borrower or in separate actions, as often as the BankSCOLP, in its sole discretion, may deem advisable. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Bank’s SCOLP's right to proceed in any other form of action or proceeding or against other parties unless the Bank SCOLP has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Bank SCOLP against FAAC either Borrower under any document or instrument evidencing or securing the Indebtedness shall serve to diminish the liability of any GuarantorXxxxxxx, except to the extent the Bank SCOLP realizes payment by such action or proceeding, notwithstanding the effect of any such action or proceeding upon each Guarantor’s Xxxxxxx'x right of subrogation against FAACeither Borrower. Receipt by the Bank SCOLP of payment or payments with knowledge of the breach of any provision with respect to any of the Indebtedness shall not, as to each GuarantorXxxxxxx, be deemed a waiver of such breach. All rights, powers and remedies of the Bank SCOLP hereunder and under any other agreement now or at any time hereafter in force between the Bank SCOLP and each Guarantor Xxxxxxx shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the Bank SCOLP by law.