No Duty To Pursue Others. It shall not be necessary for the Collateral Agent, GS, or any other Guaranteed Party (and the Guarantor hereby waives any rights which the Guarantor may have to require the Collateral Agent, GS and each other Guaranteed Party), in order to enforce the obligations of the Guarantor hereunder, first to (i) institute suit or exhaust its remedies against the Borrowers or others liable on the Loans or on the other Guaranteed Obligations or any other Person, (ii) enforce the Collateral Agent’s or GS’s rights (or any other collateral agent’s rights) against any Collateral, as applicable, which shall ever have been given to secure the Guaranteed Obligations, (iii) join the Borrowers or any others liable on the Guaranteed Obligations in any action seeking to enforce this Agreement, (iv) exhaust any remedies available to the Collateral Agent, GS, any such other collateral agent or any other Guaranteed Party against any Collateral, as applicable, which shall ever have been given to secure the Guaranteed Obligations, or (v) resort to any other means of obtaining payment of the Guaranteed Obligations. No Guaranteed Party shall be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.
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Samples: Non Recourse Carveout Guaranty Agreement, Non Recourse Carveout Guaranty Agreement (Owl Rock Capital Corp II), Non Recourse Carveout Guaranty Agreement (Owl Rock Capital Corp II)
No Duty To Pursue Others. It shall not be necessary for the Collateral Agent, GS, the Administrative Agent or any other Guaranteed Party (and the Guarantor hereby waives any rights which the Guarantor may have to require the Collateral Agent, GS the Administrative Agent and each other Guaranteed Party), in order to enforce the obligations of the Guarantor hereunder, first to (ia) institute suit or exhaust its remedies against the Borrowers Borrower or others liable on the Loans or on the other Guaranteed Obligations or any other Person, (iib) enforce the Collateral Agent’s or GSthe Administrative Agent’s rights (or any other collateral agent’s rights) against any Collateral, as applicable, which shall ever have been given to secure the Guaranteed Obligations, (iiic) join the Borrowers Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Agreement, (ivd) exhaust any remedies available to the Collateral Agent, GS, any such other collateral agent the Administrative Agent or any other Guaranteed Party against any Collateral, as applicable, which shall ever have been given to secure the Guaranteed Obligations, or (ve) resort to any other means of obtaining payment of the Guaranteed Obligations. No Guaranteed Party shall be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.
Appears in 3 contracts
Samples: Non Recourse Carveout Guaranty Agreement (Kennedy Lewis Capital Co), Non Recourse Carveout Guaranty Agreement (Stone Point Credit Corp), Non Recourse Carveout Guaranty Agreement (Apollo Debt Solutions BDC)
No Duty To Pursue Others. It shall In order to enforce the obligations of the Guarantor under this Guaranty, it will not be necessary for the Collateral Agent, GS, or any other Guaranteed Party Lender (and the Guarantor hereby waives any rights which that the Guarantor may have to require the Collateral Agent, GS and each other Guaranteed Party), in order to enforce the obligations of the Guarantor hereunder, Lender) first to (ia) institute suit or exhaust its remedies against the Borrowers Borrower or others any other Person liable on the Loans Loan, the Guaranteed Obligations, or on any portion of the other Guaranteed Obligations or against any other Person, (iib) enforce the Collateral Agent’s or GSLender’s rights (or any other collateral agent’s rights) against any Collateral, as applicable, which shall collateral that has ever have been given to secure the Loan, (c) enforce the Lender’s rights against any other guarantors of the Guaranteed Obligations or any portion of the Guaranteed Obligations, (iiid) join the Borrowers Borrower or any others other Person liable on the Guaranteed Obligations or any portion of the Guaranteed Obligations in any action seeking to enforce this AgreementGuaranty, (ive) exhaust any remedies available to the Collateral Agent, GS, any such other collateral agent or any other Guaranteed Party Lender against any Collateral, as applicable, which shall collateral that has ever have been given to secure the Guaranteed ObligationsLoan, or (vf) resort to any other means of obtaining payment of the Guaranteed Obligations or any portion of the Guaranteed Obligations. No Guaranteed Party shall The Lender will not be required to mitigate damages or take any other action to reduce, collect collect, or enforce the Guaranteed Obligations.
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