No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity hereby waives any rights which such Borrower Entity may have to require Lender), in order to enforce the obligations of such Borrower Entity hereunder, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt or any other person, (b) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”), (c) enforce Lender’s rights against any other guarantors of the Debt, (d) join Borrower or any others liable on the Debt in any action against any Other Borrower seeking to enforce the Loan Documents, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Debt, or (f) resort to any other means of obtaining payment of the Loan by any Other Borrower. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other Borrower.
Appears in 28 contracts
Samples: Mezzanine Loan Agreement (Harrahs Entertainment Inc), Second Mezzanine Loan Agreement (Harrahs Entertainment Inc), Mezzanine Loan Agreement (Harrahs Entertainment Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (bii) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (ciii) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (div) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.
Appears in 27 contracts
Samples: Limited Recourse Guaranty Agreement, Guaranty of Recourse Obligations (CaliberCos Inc.), Guaranty of Completion and Non Recourse Carve Outs (Sentio Healthcare Properties Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other personPerson, (bii) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (ciii) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (div) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.
Appears in 18 contracts
Samples: Guaranty Agreement (Cim Real Estate Finance Trust, Inc.), Guaranty Agreement (Terra Tech Corp.), Guaranty of Recourse Obligations (TPG RE Finance Trust, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (b) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (c) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (d) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (f) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.
Appears in 17 contracts
Samples: Guaranty Agreement (Global Net Lease, Inc.), Guaranty Agreement (Five Point Holdings, LLC), Mezzanine Guaranty Agreement (Five Point Holdings, LLC)
No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (bii) enforce Lender’s 's rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (ciii) enforce Lender’s 's rights against any other guarantors of the DebtGuaranteed Obligations, (div) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.
Appears in 17 contracts
Samples: Guaranty (Prime Group Realty Trust), Guaranty (Glimcher Realty Trust), Guaranty (Charming Shoppes Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity hereunderthis Guaranty against Guarantor, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other personPerson, (bii) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (ciii) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (div) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.
Appears in 14 contracts
Samples: Guaranty (Ashford Hospitality Trust Inc), Guaranty (Ashford Hospitality Trust Inc), Guaranty (Ashford Hospitality Trust Inc)
No Duty To Pursue Others. It shall not be necessary for Lender Servicer (on behalf of Lender) (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require LenderServicer), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (b) enforce Servicer’s and/or Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantors of the Debtguarantor, (d) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (e) exhaust any remedies available to Servicer or the Lender against any collateral which shall ever have been given to secure the DebtLoan, or (f) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.
Appears in 9 contracts
Samples: Second Mezzanine Loan Agreement (Harrahs Entertainment Inc), Fourth Mezzanine Loan Agreement (Harrahs Entertainment Inc), Mezzanine Loan Agreement (Harrahs Entertainment Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other personPerson, (b) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (c) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (d) join any Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (f) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.
Appears in 8 contracts
Samples: Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (bii) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (ciii) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (div) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fvi) resort to any other means of obtaining payment of the Loan Guaranteed Obligations. To the extent permitted by any Other Borrower. applicable law, Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.
Appears in 6 contracts
Samples: Guaranty Agreement (Inland Real Estate Income Trust, Inc.), Guaranty Agreement (Inland Real Estate Income Trust, Inc.), Guaranty Agreement (Inland Real Estate Income Trust, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity hereunderthis Guaranty against Guarantor, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or against any other person, (bii) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (ciii) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (div) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.
Appears in 4 contracts
Samples: Guaranty (Inland American Real Estate Trust, Inc.), Guaranty (Inland American Real Estate Trust, Inc.), Guaranty (Inland American Real Estate Trust, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (b) enforce Lender’s 's rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (c) enforce Lender’s 's rights against any other guarantors of the DebtGuaranteed Obligations, (d) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (f) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.
Appears in 4 contracts
Samples: Guaranty Agreement (Skilled Healthcare Group Inc), Guaranty Agreement (Skilled Healthcare Group Inc), Guaranty of Payment (Skilled Healthcare Group Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on for amounts due under the Debt Note or the Guaranteed Obligations or any other person, (b) enforce Lender’s rights against institute suit or exhaust its remedies with respect to the Note or any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Person, (c) enforce Lender’s rights against any other guarantors of collateral which shall ever have been given to secure the DebtLoan, (d) enforce Lender’s rights against any other guarantor of the Guaranteed Obligations, (e) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ef) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fg) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.
Appears in 3 contracts
Samples: Guaranty (Brixmor Property Group Inc.), Senior Mezzanine Guaranty (Brixmor Property Group Inc.), Guaranty (Brixmor Property Group Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity hereunderthis Guaranty against Guarantor, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (bii) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (ciii) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (div) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.
Appears in 2 contracts
Samples: Guaranty (Gc Net Lease Reit, Inc.), Guaranty (America First Tax Exempt Investors Lp)
No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity hereby waives any rights which such Borrower Entity may have to require Lender), in order to enforce the obligations of such each Borrower Entity hereunder, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt or any other person, (b) enforce Lender’s rights against any collateral Collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”), (c) enforce Lender’s rights against any other guarantors of the Debt, (d) join Borrower or any others liable on the Debt in any action against any Other Borrower seeking to enforce the Loan Documents, (e) exhaust any remedies available to Lender against any collateral Collateral which shall ever have been given to secure the Debt, or (f) resort to any other means of obtaining payment of the Loan by any Other Borrower. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Lineage, Inc.), Loan Agreement (Lineage, Inc.)
No Duty To Pursue Others. It Neither Collateral Agent nor any other Guaranteed Credit Party shall not be necessary for Lender required (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity it may have to require Lender)Collateral Agent or any other Guaranteed Credit Party) to, in order to enforce the obligations of such Borrower Entity hereunderpayment by Guarantor, first to (a) institute suit or exhaust its remedies against any Other Borrower Obligor or others liable on the Debt Guaranteed Obligations or any other personPerson, (b) enforce Lender’s the Guaranteed Credit Parties’ (or Collateral Agent’s) rights against any collateral mortgaged, pledged or granted by any Other Borrower security which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Guaranteed Obligations, (c) enforce Lender’s the Guaranteed Credit Parties’ (or Collateral Agent’s) rights against any other guarantors of the DebtGuaranteed Obligations, (d) join Borrower Obligors or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty Agreement, (e) exhaust any remedies available to Lender the Guaranteed Credit Parties (or Collateral Agent) against any collateral security which shall ever have been given to secure the Debt, Guaranteed Obligations or (f) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender The Guaranteed Credit Parties shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from Guaranteed Obligations. Further, Guarantor expressly waives each and every right to which it may be entitled by virtue of the suretyship law of any Other Borrowerapplicable jurisdiction.
Appears in 2 contracts
Samples: Global Senior Credit Agreement (Prologis), Global Senior Credit Agreement (Prologis)
No Duty To Pursue Others. It shall not be necessary for Lender any Credit Party (and each Borrower Entity Guarantors hereby waives waive any rights which such Borrower Entity Guarantors may have to require Lenderany Credit Party), in order to enforce the obligations of such Borrower Entity hereunderpayment by any Guarantor, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Guaranteed Debt or any other person, (b) enforce Lender’s the Credit Parties’ rights against any collateral mortgaged, pledged or granted by any Other Borrower security which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Guaranteed Debt, (c) enforce Lender’s the Credit Parties’ rights against any other Guarantor or any other guarantors of the Guaranteed Debt, (d) join Borrower Borrower, any other Guarantor, or any others liable on the Guaranteed Debt in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty Agreement, (e) exhaust any remedies available to Lender the Credit Parties against any collateral security which shall ever have been given to secure the Guaranteed Debt, or (fe) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Debt. Lender The Credit Parties shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect collect, or enforce the Debt from Guaranteed Debt. Further, each Guarantor expressly waives each and every right to which any Other BorrowerGuarantor may be entitled by virtue of the suretyship law of the State of New York.
Appears in 1 contract
Samples: Exchange Agreement (Protection One Alarm Monitoring Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity each Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity each Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against any Other Mortgage Borrower, any Mezzanine Borrower or any Trans Lessee or others liable on the Debt Guaranteed Obligations or any other personPerson, (bii) enforce Lender’s 's rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Guaranteed Obligations, (ciii) enforce Lender’s 's rights against any other guarantors of the DebtGuaranteed Obligations, (div) join any Mortgage Borrower, any Mezzanine Borrower or any Trans Lessee or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtGuaranteed Obligations, or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.
Appears in 1 contract
Samples: Guaranty (Ventas Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity hereby waives any rights which such Borrower Entity may have to require Lender), in order to enforce the obligations of such Borrower Entity hereunder, first to to
(a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt or any other person, (b) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”), (c) enforce Lender’s rights against any other guarantors of the Debt, (d) join Borrower or any others liable on the Debt in any action against any Other Borrower seeking to enforce the Loan Documents, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Debt, or (f) resort to any other means of obtaining payment of the Loan by any Other Borrower. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other Borrower.
Appears in 1 contract
No Duty To Pursue Others. It shall not be necessary for Lender Note B Holder (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require LenderNote B Holder), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan (or any portion thereof) or the Guaranteed Obligations or any other person, (bii) enforce LenderNote B Holder’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”), (c) enforce Lender’s rights against any other guarantors of the Debt, (d) join Borrower or any others liable on the Debt in any action against any Other Borrower seeking to enforce the Loan Documents, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan (or any portion thereof), (iii) enforce Note B Holder’s rights against any other guarantors of the Guaranteed Obligations, (iv) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (v) exhaust any remedies available to Note B Holder against any collateral which shall ever have been given to secure the Loan (or any portion thereof), or (fvi) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender Note B Holder shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.
Appears in 1 contract
Samples: Guaranty of Recourse Obligations (Behringer Harvard Reit I Inc)
No Duty To Pursue Others. It The Guarantor agrees:
(a) that it shall not be necessary for Lender or required that the Sublessor (and each Borrower Entity the Guarantor hereby waives any rights which such Borrower Entity it may have to so require LenderSublessor), in order to enforce any obligations under this Guaranty, must first (i) make demand for payment upon the obligations Sublessee or any other person liable on the Guaranteed Obligations or present same for payment thereto or make protest or give notice thereto of such Borrower Entity hereunder, first the nonperformance or non-payment thereof; (ii) proceed to (a) obtain or assert a claim for personal judgment or otherwise institute suit or exhaust its remedies against any Other Borrower or Sublessee, others liable on the Debt Guaranteed Obligations or any other person, (biii) assert or institute claim or suit against the assets or estate of the Sublessee, or others liable on the Guaranteed Obligations, (iv) enforce Lender’s its rights against any collateral mortgaged, pledged or granted by any Other Borrower security which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Guaranteed Obligations, (c) enforce Lender’s rights against any other guarantors of the Debt, (dv) join Borrower Sublessee or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documents, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Debtthis Guaranty, or (fvi) resort to any other means of to obtaining payment of the Loan by any Other Borrower. Lender Guaranteed Obligations; and,
(b) that Sublessor shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations.
Appears in 1 contract
No Duty To Pursue Others. It shall not be necessary for Lender (and each Borrower Entity Guarantor hereby waives any rights which such Borrower Entity Guarantor may have to require Lender), in order to enforce the obligations of such Borrower Entity Guarantor hereunder, first to (a) institute suit or exhaust its remedies against any Other Borrower or others liable on the Debt Loan or the Guaranteed Obligations or any other person, (b) enforce Lender’s rights against any collateral mortgaged, pledged or granted by any Other Borrower which shall ever have been given to secure the Debt (“Other Borrower Collateral”)Loan, (c) enforce Lender’s rights against any other guarantors of the DebtGuaranteed Obligations, (d) join Borrower or any others liable on the Debt Guaranteed Obligations in any action against any Other Borrower seeking to enforce the Loan Documentsthis Guaranty, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the DebtLoan, or (f) resort to any other means of obtaining payment of the Loan by any Other BorrowerGuaranteed Obligations. Lender shall not be required to mitigate damages or take any other action pertaining to any Other Borrower or any Other Borrower Collateral to reduce, collect or enforce the Debt from any Other BorrowerGuaranteed Obligations, provided, however, to the extent that Lender has been fully reimbursed for all liabilities relating to the Guaranteed Obligations, Guarantor shall have no liabilities for such Guaranteed Obligations.
Appears in 1 contract