No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 the Collateral or any other 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 other Person liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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 6 contracts
Samples: Guaranty and Indemnity Agreement, Guaranty and Indemnity Agreement, Mezzanine Guaranty and Indemnity Agreement (Ashford Hospitality Trust Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 's rights against the Collateral or any other collateral which shall ever have been given to secure the LoanLoan or the Guaranteed Obligations, (ciii) enforce Lender’s 's rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the LoanLoan or the Guaranteed Obligations, or (fvi) resort to any other means of obtaining payment and 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 5 contracts
Samples: Guaranty, Guaranty (IMH Financial Corp), Guaranty (IMH Financial Corp)
No Duty To Pursue Others. It shall not be necessary for Lender Lessor (and Guarantor hereby waives any rights which Guarantor may have to require LenderLessor), in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (ai) institute suit or exhaust its remedies against Borrower Lessee or others liable on under the Loan Lease or the Guaranteed Obligations or any other Personperson, (bii) enforce Lender’s Lessor's rights against the Collateral or any other collateral which shall ever have been given to secure Lessee's obligations under the LoanLease, (ciii) enforce Lender’s Lessor's rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower Lessee or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the Loan, or (fv) resort to any other means of obtaining payment of the Guaranteed Obligations. Lender Lessor shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.
Appears in 5 contracts
Samples: Guaranty of Lease (Crescent Operating Inc), Master Guaranty (Crescent Operating Inc), Guaranty of Lease (Crescent Operating Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 Debt or any other Personperson, (bii) enforce Lender’s 's rights against the Collateral or any other collateral which shall ever have been given to secure the LoanGuaranteed Debt, (ciii) enforce Lender’s 's rights against any other guarantors of the Guaranteed ObligationsDebt, (div) join Borrower or any other Person others liable on the Guaranteed Obligations Debt in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the LoanGuaranteed Debt, or (fvi) resort to any other means of obtaining payment of the Guaranteed ObligationsDebt. Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed ObligationsDebt.
Appears in 5 contracts
Samples: Limited Recourse Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.), Repayment Guaranty (Inland Real Estate Income Trust, Inc.), Repayment Guaranty (Inland Real Estate Income Trust, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 Personperson, (b) enforce Lender’s rights against the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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 4 contracts
Samples: Guaranty Agreement (Harrahs Entertainment Inc), Guaranty Agreement (Bh Re LLC), Guaranty Agreement (Bh Re LLC)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 Debt or any other Personperson, (bii) enforce Lender’s 's rights against the Collateral or any other collateral security which shall ever have been given to secure the LoanGuaranteed Debt, (ciii) enforce Lender’s 's rights against any other guarantors of the Guaranteed ObligationsDebt, (div) join Borrower borrower or any other Person others liable on the Guaranteed Obligations Debt in any action seeking to enforce this GuarantyGuaranty Agreement, (ev) exhaust any remedies available to Lender against the Collateral or any other collateral security which shall ever have been given to secure the LoanGuaranteed Debt, or (fvi) resort to any other means of obtaining payment of the Guaranteed ObligationsDebt. Lender shall not be required to mitigate damages or take any other action to reduce, collect collect, or enforce the Guaranteed ObligationsDebt.
Appears in 4 contracts
Samples: Unconditional Guaranty Agreement, Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx)
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 Guarantor Guarantors 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 the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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 3 contracts
Samples: Guaranty of Recourse Obligations (Generation Income Properties, Inc.), Guaranty of Recourse Obligations (American Realty Capital Hospitality Trust, Inc.), Guaranty of Recourse Obligations (American Realty Capital Hospitality Trust, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (b) enforce or exhaust any of Lender’s 's rights or remedies against the Collateral or any other collateral which shall ever have been given to secure the Loan, (c) enforce Lender’s 's rights or remedies available to Lender against any other guarantors of the Guaranteed Obligations, (d) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, or (e) exhaust any remedies available to Lender against the Collateral or any other 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 3 contracts
Samples: Guaranty (Emeritus Corp\wa\), Guaranty (NNN Healthcare/Office REIT, Inc.), Guaranty (NNN Healthcare/Office REIT, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (b) enforce Lender’s rights against the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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, unless required by applicable law.
Appears in 3 contracts
Samples: Assumption and Loan Modification Agreement (Moody National REIT I, Inc.), Guaranty (Moody National REIT I, Inc.), Guaranty (Moody National REIT I, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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 3 contracts
Samples: Guaranty Agreement (Hilton Worldwide Holdings Inc.), Guaranty of Recourse Obligations (Unsecured) (Inland Diversified Real Estate Trust, Inc.), Guaranty of Recourse Obligations (Inland Diversified Real Estate Trust, Inc.)
No Duty To Pursue Others. It To the extent permitted by applicable law, 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 any Loan Party or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (b) enforce Lender’s rights against the Collateral or any other 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 any Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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 3 contracts
Samples: First Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), Third Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)
No Duty To Pursue Others. It shall not be necessary for Lender the Lenders (and Guarantor the Guarantors hereby waives waive any rights which Guarantor that the Guarantors may have to require Lenderthe Lenders), in order to enforce the obligations of Guarantor the Guarantors hereunder, first to (a) institute suit or exhaust its remedies against Borrower EBOF or any Subsidiary or others liable on under any of the Loan or the Guaranteed Obligations Documents, or any other Personperson, (b) enforce Lender’s the Lenders' rights against the Collateral or any other collateral which shall ever have been given to secure any of the Loanobligations of EBOF or its Subsidiaries, (c) enforce Lender’s the Lenders' rights against any other guarantors of the Guaranteed Obligationsguarantors, (d) join Borrower EBOF or its Subsidiaries or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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 The Lenders shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.
Appears in 3 contracts
Samples: Guaranty Agreement (PNG Ventures Inc), Guaranty Agreement (Earth Biofuels Inc), Guaranty Agreement (Earth Biofuels Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 the Collateral or any other collateral which shall ever have been given to secure the Loan, (ciii) enforce LenderXxxxxx’s rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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 3 contracts
Samples: Guaranty Agreement (Nexpoint Diversified Real Estate Trust), Guaranty of Recourse Obligations (reAlpha Tech Corp.), Guaranty of Recourse Obligations (reAlpha Tech Corp.)
No Duty To Pursue Others. It To the extent permitted by applicable law, 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 any Loan Party or others liable on the Loan or the Guaranteed Obligations Obligation or any other Personperson, (b) enforce Lender’s rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (c) enforce Lender’s rights against any other guarantors of the Guaranteed ObligationsObligation, (d) join any Borrower or any other Person others liable on the Guaranteed Obligations Obligation in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed ObligationsObligation. Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed ObligationsObligation.
Appears in 3 contracts
Samples: Second Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), Third Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), First Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower Borrower, Operating Lessee, any other Loan Party or others liable on the Loan or the Guaranteed Obligations or any other Person, (b) enforce Lender’s rights against the Collateral or any other 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 Borrower, Operating Lessee, any other Loan Party or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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 3 contracts
Samples: Guaranty Agreement (CorePoint Lodging Inc.), Guaranty Agreement (BRE Select Hotels Corp), Guaranty Agreement (BRE Select Hotels Corp)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against either Borrower or others liable on the Loan or the Guaranteed Obligations or any other Person, (b) enforce Lender’s rights against the Collateral or any other 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 either Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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 3 contracts
Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Guaranty Agreement (Maguire Properties Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (b) enforce or exhaust any of Lender’s rights or remedies against the Collateral or any other collateral which shall ever have been given to secure the Loan, (c) enforce Lender’s rights or remedies available to Lender against any other guarantors of the Guaranteed Obligations, (d) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, or (e) exhaust any remedies available to Lender against the Collateral or any other 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 3 contracts
Samples: Guaranty (Strategic Storage Trust, Inc.), Guaranty (NNN Healthcare/Office REIT, Inc.), Guaranty (Maguire Properties Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 Personperson, (b) enforce Lender’s rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (c) enforce LenderLxxxxx’s rights against any other guarantors of the Guaranteed Obligations, (d) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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 2 contracts
Samples: Guaranty Agreement (ACRES Commercial Realty Corp.), Carry Guaranty Agreement (ACRES Commercial Realty Corp.)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (b) enforce Lender’s rights against the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the Loan, Loan or (f) resort to any other means of obtaining payment of the Guaranteed Obligations. Lender shall not be required to mitigate damages (except in accordance with law) or take any other action to reduce, collect or enforce the Guaranteed Obligations.
Appears in 2 contracts
Samples: Guaranty (Infousa Inc), Guaranty (Infousa Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 the Collateral or any other collateral which shall ever have been given to secure the Loan, (ciii) enforce LenderXxxxxx’s rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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 2 contracts
Samples: Guaranty (Alexanders Inc), Guaranty of Recourse Obligations (Alexanders Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 rights against the Collateral or any other collateral which shall ever have been given to secure the LoanGuaranteed Obligations, (ciii) enforce Lender’s rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the LoanGuaranteed Obligations, 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 2 contracts
Samples: Guaranty (Stratus Properties Inc), Guaranty (Stratus Properties Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 Personperson, (b) enforce Lender’s rights against the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the Loan, 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 2 contracts
Samples: Guaranty Agreement (Griffin Capital Essential Asset REIT II, Inc.), Guaranty Agreement (Griffin Capital Essential Asset REIT, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender Indenture Trustee (and Guarantor Support Provider hereby waives any rights which Guarantor Support Provider may have to require LenderIndenture Trustee), in order to enforce the obligations of Guarantor Support Provider hereunder, first to (ai) institute suit or exhaust its remedies against Borrower Issuers or others liable on the Loan Debt or the Guaranteed Obligations or any other Personperson, (bii) enforce LenderIndenture Trustee’s rights against the Collateral or any other collateral which shall ever have been given to secure the LoanDebt, (ciii) enforce LenderIndenture Trustee’s rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower Issuers or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender Indenture Trustee against the Collateral or any other collateral which shall ever have been given to secure the LoanDebt, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Lender Indenture Trustee shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.
Appears in 2 contracts
Samples: Guaranty (American Finance Trust, Inc), Guaranty (American Finance Trust, Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan Debt or the Guaranteed Obligations or any other Personperson, (bii) enforce Lender’s 's rights against the Collateral or any other collateral which shall ever have been given to secure the LoanDebt, (ciii) enforce Lender’s 's rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the Loan, or (fv) 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 2 contracts
Samples: Guaranty (Golf Ventures Inc), Guaranty (Golf Ventures Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower Borrower, any other Loan Party or others liable on the Loan or the Guaranteed Obligations or any other Person, (b) enforce Lender’s rights against the Collateral or any other 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 Borrower, any other Loan Party or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment and 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 2 contracts
Samples: Guaranty Agreement (BRE Select Hotels Corp), Guaranty Agreement (BRE Select Hotels Corp)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereunderthis Guaranty against 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 the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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 2 contracts
Samples: Guaranty (Strategic Storage Trust, Inc.), Guaranty (Sheldahl Inc)
No Duty To Pursue Others. It shall not be necessary for Lender Servicer (on behalf of Lender) (and Guarantor hereby waives any rights which Guarantor may have to require LenderServicer), in order to enforce the obligations of 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 Personperson, (b) enforce Servicer’s and or Lender’s rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (c) enforce Servicer’s and/or Lender’s rights against any other guarantors of the Guaranteed Obligationsguarantor, (d) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Servicer or the Lender against the Collateral or any other 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. Servicer (on behalf of Lender) and the Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Harrahs Entertainment Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 's rights against the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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 2 contracts
Samples: Guaranty of Recourse Obligations (Bluerock Residential Growth REIT, Inc.), Guaranty (Nordstrom Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower Borrower, Operating Lessee or others liable on the Loan or the Guaranteed Obligations or any other Person, (b) enforce Lender’s rights against the Collateral or any other 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 Borrower, Operating Lessee or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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 2 contracts
Samples: Guaranty Agreement (Park Hotels & Resorts Inc.), Guaranty Agreement (Park Hotels & Resorts Inc.)
No Duty To Pursue Others. It To the extent permitted by applicable law, 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 Guarantor Guarantors hereunder, first to (a) institute suit or exhaust its remedies against any Borrower or others liable on the Loan or the Guaranteed Obligations or any other Person, (b) enforce Lender’s rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (c) enforce Lender’s rights against any other guarantors guarantor(s) of the Guaranteed Obligations, (d) join any Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, or (e) exhaust any remedies available to Lender against the Collateral or any other 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 2 contracts
Samples: Loan Agreement (Morgans Hotel Group Co.), Closing Guaranty of Completion (Morgans Hotel Group Co.)
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 Guarantor Guarantors 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 's rights against the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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 2 contracts
Samples: Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.), Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 Personperson, (b) enforce Lender’s rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (c) enforce Lender’s rights against any other guarantors guarantor of the Guaranteed Obligations, (d) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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
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 the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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.)
No Duty To Pursue Others. It shall not shxxx xxt be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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 (Kranzco Realty Trust)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 's rights against the Collateral or any other collateral which shall ever have been given to secure the LoanLoan or the Guaranteed Obligations, (ciii) enforce Lender’s 's rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the LoanGuaranteed Obligations, 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
No Duty To Pursue Others. It shall not be necessary for Lender the Purchasers (and Guarantor hereby waives any rights which Guarantor may have to require Lenderthe Purchasers), in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or any other guarantors of the Guaranteed Obligations or any other PersonDebt, (b) enforce Lender’s the Purchasers’ rights against the Collateral or any other collateral security which shall ever have been given to secure the LoanGuaranteed Debt, (c) enforce Lender’s rights against any other guarantors of the Guaranteed Obligations, (d) join Borrower or any other Person others liable on the Guaranteed Obligations Debt in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the Loan, or (fd) resort to any other means of obtaining payment of the Guaranteed ObligationsDebt. Lender The Purchasers shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed ObligationsDebt. Guarantor acknowledges that the Purchasers have been induced by this Guaranty to make the Loans hereinabove described, and this Guaranty shall, without further reference or assignment, pass to, and be relied upon and enforced by, any successor or participant or assignee of any Purchaser in and to any liabilities or obligations of Borrower.
Appears in 1 contract
Samples: Absolute Guaranty of Payment and Performance (H-Cyte, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender the Indenture Trustee (and Guarantor the Sponsor hereby waives any rights which Guarantor Sponsor may have to require LenderIndenture Trustee), in order to enforce the obligations of Guarantor the Sponsor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower the Issuer or others liable on the Loan Debt or the Guaranteed Obligations or any other Personperson, (bii) enforce LenderIndenture Trustee’s rights against the Collateral or any other collateral which shall ever have been given to secure the LoanDebt, (ciii) enforce Lenderthe Indenture Trustee’s rights against any other guarantors of the Guaranteed ObligationsObligations or the Property Owner Guaranty, (div) join Borrower the Issuer or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender the Indenture Trustee against the Collateral or any other collateral which shall ever have been given to secure the LoanDebt, or (fvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Lender Indenture Trustee shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.. 116991368\V-8
Appears in 1 contract
Samples: Sponsor Guaranty (Cim Real Estate Finance Trust, Inc.)
No Duty To Pursue Others. It Lender shall not be necessary for Lender required (and Guarantor hereby knowingly, freely, irrevocably and unconditionally waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereunder, first (i) to (a) institute suit or otherwise exhaust its remedies against Borrower or others any other Persons liable on the Loan or the Guaranteed Obligations Obligations, or against any other Person, (bii) to enforce Lender’s 's rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (ciii) to enforce Lender’s Xxxxxx's rights against any other guarantors of the Guaranteed Obligations, (div) to join Borrower or any other Person Persons liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) to exhaust any available remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the Loan, or (fvi) to resort to any other means of obtaining payment of the Guaranteed Obligations. Lender shall not be required to mitigate damages or to take any other action to reduce, collect or enforce the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty of Recourse Obligations (EQT Exeter Real Estate Income Trust, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender Agent or Lenders (and Guarantor hereby waives any rights which Guarantor may have to require LenderAgent or Lenders), in order to enforce the obligations of 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 Agent's or Lenders' rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (ciii) enforce Lender’s Agent's or Lenders' rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender Agent or Lenders against the Collateral or any other 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. Neither Agent nor any 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
No Duty To Pursue Others. It Lender shall not be necessary for Lender required (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 the Collateral or any other 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 other Person persons liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) to exhaust any available remedies available to Lender against the Collateral or any other 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
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby knowingly, freely, irrevocably and unconditionally waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 's rights against the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower Borrower, Property Owner or others liable on the Loan or the Guaranteed Obligations or any other Person, (b) enforce Lender’s rights against the Collateral or any other 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 Borrower, Property Owner or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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
No Duty To Pursue Others. It shall not be necessary for Lender Agent or Lenders (and Guarantor hereby waives any rights which Guarantor may have to require LenderAgent or Lenders), in order to enforce the obligations of 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 LenderAgent’s or Lenders’ rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (c) enforce LenderAgent’s or Lenders’ rights against any other guarantors of the Guaranteed Obligations, (d) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender Agent or Lenders against the Collateral or any other 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 Neither Agent nor Lenders 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 of Recourse Carveouts (Hilton Worldwide Holdings Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender Agent or Lenders (and Guarantor hereby waives any rights which Guarantor may have to require LenderAgent or Lenders), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its USActive 32932202.9 -4- remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (b) enforce LenderAgent’s or Lenders’ rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (c) enforce LenderAgent’s or Lenders’ rights against any other guarantors of the Guaranteed Obligations, (d) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender Agent or Lenders against the Collateral or any other 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 Neither Agent nor Lenders 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 (Sothebys)
No Duty To Pursue Others. It shall not be necessary for Lender ------------- ------------------------- Bank (and each Guarantor hereby waives any rights which such Guarantor may have to require Lender), Bank) in order to enforce the obligations of Guarantor hereunderpayment by such Guarantor, first to (ai) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations Debt or any other Person, (bii) enforce Lender’s Bank's rights against the Collateral or any other collateral security which shall ever have been given to secure the LoanGuaranteed Debt, (ciii) enforce Lender’s Bank's rights against any other guarantors Guarantor or other guarantors, if any, of the Guaranteed ObligationsDebt, (div) join Borrower or any other Person others, if any, liable on the Guaranteed Obligations Debt in any action seeking to enforce this GuarantyAgreement, (ev) exhaust any remedies available to Lender Bank against the Collateral or any other collateral security which shall ever have been given to secure the LoanGuaranteed Debt, or (fvi) resort to any other means of obtaining payment of the Guaranteed ObligationsDebt. Lender Bank shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed ObligationsDebt.
Appears in 1 contract
Samples: Credit Agreement (Centris Group Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and each Guarantor hereby waives any rights which Guarantor it may have to require Lender), in order to enforce the obligations of each Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against any Borrower or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (bii) enforce Lender’s 's rights against the Collateral or any other 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 any Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 the Collateral or any other collateral which shall ever have been given to secure the LoanGuaranteed Obligations, (ciii) enforce Lender’s 's rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the LoanGuaranteed Obligations, 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 (Stratus Properties Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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, ,
(bi) enforce Lender’s rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (ciii) enforce Lender’s rights against any other guarantors of the Guaranteed Obligations, ,
(dii) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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 of Recourse Obligations (TPG RE Finance Trust, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender Agent (and Guarantor hereby waives any rights which Guarantor may have to require LenderAgent), in order to enforce the obligations of 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 the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender Agent against the Collateral or any other 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: Indemnification & Liability (CURO Group Holdings Corp.)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby knowingly, freely, irrevocably and unconditionally waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 's rights against the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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.. Loan No. 374-0551 WCSR 31793071 2
Appears in 1 contract
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereunder, first to (a) institute suit or exhaust its remedies against Borrower Borrower, Operating Lessee, any other Loan Party or others liable on the Loan or the Guaranteed Obligations or any other Person, (b) enforce Lender’s rights against the Collateral or any other 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 Borrower, Operating Lessee, any other Loan Party or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment and 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
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which that Guarantor may have to require Lender), in order to enforce the obligations of 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 Personperson, (b) enforce Lender’s rights against any Collateral (as defined in the Collateral or any other collateral Security Instrument) 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the any Collateral or any other 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: Mezzanine Guaranty Agreement (Inland Residential Properties Trust, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender or Seller (and Guarantor hereby waives any rights which Guarantor may have to require LenderLender or Seller), in order to enforce the obligations of 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 or Seller’s rights against the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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 Agreement (Inland Diversified Real Estate Trust, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 or exhaust any of Lender’s 's rights or remedies against the Collateral or any other collateral which shall ever have been given to secure the Loan, (ciii) enforce Lender’s 's rights or remedies available to Lender against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the Loan, or (fv) 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 (Janus American Group Inc)
No Duty To Pursue Others. It shall not be necessary for Administrative Agent or any Lender (and Guarantor hereby waives any rights which Guarantor may have to require Administrative Agent and/or any Lender), in order to enforce the obligations of 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 Personperson, (b) enforce Lender’s Lenders’ rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (c) enforce Lender’s Lenders’ rights against any other guarantors of the Guaranteed Obligations, (d) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender Lenders against the Collateral or any other 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. Neither any Lender nor Administrative Agent, on behalf of Lenders, 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 (Centro NP LLC)
No Duty To Pursue Others. It To the extent permitted by applicable law, 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 any Borrower or others liable on the Loan or the Guaranteed Obligations Obligation or any other Personperson, (b) enforce Lender’s rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (c) enforce Lender’s rights against any other guarantors of the Guaranteed ObligationsObligation, (d) join any Borrower or any other Person others liable on the Guaranteed Obligations Obligation in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed ObligationsObligation. Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed ObligationsObligation.
Appears in 1 contract
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 rights against the Collateral or any other collateral which shall ever have been given to secure the LoanGuaranteed Obligations, (ciii) enforce LenderXxxxxx’s rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other collateral which shall ever have been given to secure the LoanGuaranteed Obligations, 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 (Stratus Properties Inc)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 the Collateral or any other 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 other Person liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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 and Indemnity Agreement (Ashford Hospitality 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 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 the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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 (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 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 the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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 Seller (and Guarantor hereby waives any rights which Guarantor may have to require LenderSeller), in order to enforce the obligations of Guarantor hereunder, first to (ai) institute suit or exhaust its remedies against Borrower Buyer or others liable on under the Loan Transfer Documents or the Guaranteed Obligations or any other Person, (bii) enforce LenderSeller’s rights against the Collateral or any other collateral which shall ever have been given to secure the LoanTransfer Documents, (ciii) enforce LenderSeller’s rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower Buyer or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, or (ev) exhaust any remedies available to Lender Seller against the Collateral or any other collateral which shall ever have been given to secure the Loan, or (f) resort to any other means of obtaining payment of the Guaranteed ObligationsTransfer Documents. Lender Seller 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: Purchase and Sale Agreement (Cottonwood Multifamily Opportunity Fund, Inc.)
No Duty To Pursue Others. It To the extent permitted by applicable law, 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 any Borrower or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (b) enforce Lender’s rights against the Collateral or any other 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 any Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which such Guarantor may have to require Lender), in order to enforce the obligations of 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/entity, (bii) enforce Lender’s rights against the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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: Limited Recourse Guaranty (Generation Income Properties, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender Agent or Lenders (and Guarantor hereby waives any rights which Guarantor may have to require LenderAgent or Lenders), in order to enforce the obligations of 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 Agent's or Lenders' rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (ciii) enforce Lender’s Agent's or Lenders' rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender Agent or Lenders against the Collateral or any other 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 Neither Agent nor Lenders shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.
Appears in 1 contract
No Duty To Pursue Others. It shall not be necessary for Lender Agent or Banks (and Guarantor hereby waives any rights which Guarantor may have to require LenderAgent or Banks), in order to enforce the obligations of 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 LenderAgent’s or Banks’ rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (ciii) enforce LenderAgent’s or Banks’ rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower Borrowers or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender Agent or Banks against the Collateral or any other 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 Neither Agent nor Banks 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 of Recourse Carveouts (EnerJex Resources, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereunderthis Guaranty against 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 Person, (bii) enforce Lender’s 's rights against the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby knowingly, freely, irrevocably and unconditionally waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 's rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (ciii) enforce Lender’s Xxxxxx's rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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 (Kilroy Realty, L.P.)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 (as defined in the Collateral or any other collateral Security Instrument) 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the any Collateral or any other 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: Mezzanine Guaranty Agreement (Inland Real Estate Income Trust, Inc.)
No Duty To Pursue Others. It Except as required by applicable law, it shall not be necessary for Lender (and each Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of such 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 the any Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral Borrower or any other 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. In no event shall 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: Non Recourse Guaranty (Net Element International, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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
No Duty To Pursue Others. It shall not be necessary for Lender Creditor (and Guarantor each of the Guarantors hereby waives any rights which Guarantor Guarantors may have to require LenderCreditor), in order to enforce such payment by any of the obligations of Guarantor hereunderGuarantors, first to (ai) institute suit or exhaust its remedies rights against Borrower Obligor, or others other Persons or any of them now or hereafter liable on the Loan or the Guaranteed Obligations or any other PersonObligations, (bii) enforce Lender’s Creditor's rights against the Collateral or any other collateral security which shall ever have been given to secure the LoanGuaranteed Obligations, (ciii) enforce Lender’s Creditor's rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower Obligor, or any other Person Persons now or hereafter liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, or (ev) exhaust any remedies rights available to Lender Creditor against the Collateral any security or any other collateral guarantor 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 Creditor shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.
Appears in 1 contract
No Duty To Pursue Others. It shall not be necessary for Lender (and and, to the extent not prohibited by applicable law, Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 Personperson, (b) enforce Lender’s 's rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (c) enforce Lender’s 's rights against any other guarantors of the Guaranteed Obligations, (d) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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 Agreement (Hcp, Inc.)
No Duty To Pursue Others. It shall not be necessary for Lender or Agent (and Guarantor hereby waives any rights which Guarantor may have to require LenderLender or Agent), in order to enforce the obligations of 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 and Agent’s rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (ciii) enforce Lender’s and Agent’s rights against any other guarantors of the Guaranteed Obligations, (div) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender and Agent against the Collateral or any other 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. Neither Lender nor 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: Non Recourse Carve Out Guaranty Agreement (Allegiant Travel CO)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of 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 the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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 of Recourse Obligations (Glimcher Realty Trust)
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereunderthis Guaranty against 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 Person, (bii) enforce Lender’s rights against the Collateral or any other 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 other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ev) exhaust any remedies available to Lender against the Collateral or any other 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 (unless required by law) or take any other action to reduce, collect or enforce the Guaranteed Obligations.
Appears in 1 contract
No Duty To Pursue Others. It shall not be necessary for Lender (and Guarantor hereby waives any rights which Guarantor may have to require Lender), in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (a) institute suit or exhaust its remedies against Borrower or others liable on the Loan or the Guaranteed Obligations or any other Personperson, (b) enforce Lender’s 's rights against the Collateral or any other collateral which shall ever have been given to secure the Loan, (c) enforce Lender’s 's rights against any other guarantors of the Guaranteed Obligations, (d) join Borrower or any other Person others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (e) exhaust any remedies available to Lender against the Collateral or any other 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: Non Recourse Carve Out Guaranty (Supertel Hospitality Inc)
