Common use of No Duty To Pursue Others Clause in Contracts

No Duty To Pursue Others. It shall not be necessary for Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require Lender), in order to enforce the obligations of any Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other Person, (b) enforce Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Lender’s rights against any other guarantors of the Guaranteed Obligations, (d) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Assisted 4 Living, Inc.)

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No Duty To Pursue Others. It shall not be necessary for Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require Lender), in order to enforce the obligations of any Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower Borrowers or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (bii) enforce Lender’s rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Lender’s rights against any other guarantors of the Guaranteed Obligations, (div) join any Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment or performance of the Guaranteed Obligations. Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty Agreement Regarding Pip Requirements (Inland American Real Estate Trust, Inc.)

No Duty To Pursue Others. It shall not be necessary for Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require Lender), in order to enforce the obligations of any Guarantor Guarantors hereunder, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other Person, (b) enforce Lender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Lender’s rights against any other guarantors of the Guaranteed Obligations, (d) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Hudson Pacific Properties, Inc.)

No Duty To Pursue Others. It shall not be necessary for Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require Lender), in order to enforce the obligations of any Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (bii) enforce Lender’s rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Lender’s rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

Appears in 1 contract

Samples: Completion Guaranty (Bh Re LLC)

No Duty To Pursue Others. Guarantor’s obligations are independent of each Debtor or any other guaranty or guarantors. It shall not be necessary for Lender Creditor (and each Guarantor hereby waives any rights which such Guarantor may have to require LenderCreditor), in order to enforce the obligations of any Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower Debtor or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (bii) enforce LenderCreditor’s rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce LenderCreditor’s rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower Debtor or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender Creditor against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Naturade Inc)

No Duty To Pursue Others. It shall not be necessary for Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require Lender), in order to enforce the obligations of any Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other Person, (bii) enforce Lender’s rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Lender’s rights against any other guarantors guarantor of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

Appears in 1 contract

Samples: Glimcher Realty Trust

No Duty To Pursue Others. It shall not be necessary for Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require Lender), in order to enforce the obligations of any each Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (bii) enforce Lender’s rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Lender’s rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (GMH Communities Trust)

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No Duty To Pursue Others. It Lender shall not be necessary for Lender required (and each Guarantor hereby waives any rights which such Guarantor may have to require Lender), in order to enforce the obligations of any Guarantor hereunder, first (i) to (a) institute suit or otherwise exhaust its remedies against Borrower Borrower, ECEC or others any other persons liable on the Loan Guaranteed Obligations, or the Guaranteed Obligations or against any other Personperson, (bii) to enforce Lender’s rights against any collateral which shall ever have been given to secure the LoanGuaranteed Obligations, (ciii) to enforce Lender’s rights against any other guarantors of the Guaranteed Obligations, (div) to join Borrower Borrower, ECEC or any others other persons liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) to exhaust any available remedies available to Lender against any collateral which shall ever have been given to secure the LoanGuaranteed Obligations, or (fvi) to resort to any other means of obtaining payment or performance of the Guaranteed Obligations. Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

Appears in 1 contract

Samples: Limited Recourse Guaranty Agreement (Cil&d, LLC)

No Duty To Pursue Others. It shall not be necessary for Lender Agent (and each Guarantor hereby waives any rights which such Guarantor may have to require LenderAgent), in order to enforce the obligations of any Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (bii) enforce LenderAgent’s rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce LenderAgent’s rights against any other Guarantor or guarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender Agent against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Lender Agent shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

Appears in 1 contract

Samples: Indemnity Guaranty (CURO Group Holdings Corp.)

No Duty To Pursue Others. It shall not shxxx xxt be necessary for Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require Lender), in order to enforce the obligations of any Guarantor hereundersuch payment by Guarantor, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (bii) enforce Lender’s 's rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Lender’s 's rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

Appears in 1 contract

Samples: Kranzco Realty Trust

No Duty To Pursue Others. It shall not be necessary for Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require Lender), in order to enforce the obligations of any Guarantor hereundersuch payment by Guarantor, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (bii) enforce Lender’s 's rights against any collateral which shall ever have been given to secure the Loan, (ciii) enforce Lender’s 's rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Loan, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

Appears in 1 contract

Samples: Ramco Gershenson Properties Trust

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