Common use of No Duty To Pursue Others Clause in Contracts

No Duty To Pursue Others. Lender shall not be required (and Guarantor hereby waives any rights to require Lender), in order to enforce the obligations of Guarantor hereunder, first (i) to institute suit or otherwise exhaust its remedies against Borrower or any other Persons liable on the Loan or the Guaranteed Obligations, or against any other Person, (ii) to enforce Lender’s rights against any collateral given to secure the Loan, (iii) to enforce Lender’s rights against any other guarantors of the Guaranteed Obligations, (iv) to join Borrower or any other Persons liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (v) to exhaust any available remedies against any collateral given to secure the Loan, or (vi) to resort to any other means of obtaining payment of the Guaranteed Obligations.

No Duty To Pursue Others. Lender It shall not be required 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 (i) to institute suit or otherwise exhaust its remedies against Borrower or any other Persons others liable on the Loan or the Guaranteed Obligations, Obligations or against any other Person, (ii) to enforce Lender’s rights against any collateral which shall ever have been given to secure the Loan, (iii) to enforce Lender’s rights against any other guarantors of the Guaranteed Obligations, (iv) to join Borrower or any other Persons others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (v) to exhaust any remedies available remedies to Lender against any collateral which shall ever have been given to secure the Loan, or (vi) to 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.

No Duty To Pursue Others. Lender To the extent permitted by applicable law, it shall not be required 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 (ia) to institute suit or otherwise exhaust its remedies against Borrower any Loan Party or any other Persons others liable on the Loan or the Guaranteed Obligations, Obligations or against any other Person, (iib) to enforce Lender’s rights against any collateral which shall ever have been given to secure the Loan, (iiic) to enforce Lender’s rights against any other guarantors guarantor(s) of the Guaranteed Obligations, (ivd) to join Borrower any Loan Party or any other Persons others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (v) to exhaust any available remedies against any collateral given to secure the Loan, or (vie) to 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.

No Duty To Pursue Others. Lender It shall not be required necessary for the Guaranteed Parties (and the Guarantor hereby waives any rights that the Guarantor may have to require Lenderthe Guaranteed Parties), in order to enforce the obligations of the Guarantor hereunder, first to (i) to institute suit or otherwise exhaust its remedies against Borrower Debtor or any other Persons party that may be liable on the Loan or the Guaranteed Obligations, or against any other Person, (ii) to enforce Lender’s the Guaranteed Parties’ rights against any collateral which shall have been given to secure the LoanObligations, (iii) to enforce Lender’s the Guaranteed Parties’ rights against any other guarantors of the Guaranteed Obligations, (iv) to join Borrower Debtor or any other Persons party liable on the Guaranteed Obligations in any action seeking to enforce this GuarantyGuarantee, or (v) to exhaust any available remedies against any collateral given to secure the Loan, or (vi) to resort to any other means of obtaining payment of the Obligations; provided, however, that if the Guaranteed ObligationsParties enforce their rights against collateral given by Debtor or the Guarantor, the Obligations shall be reduced accordingly.

No Duty To Pursue Others. Lender It shall not be required necessary for the Lenders (and Guarantor the Guarantors hereby waives waive any rights that the Guarantors may have to require Lenderthe Lenders), in order to enforce the obligations of Guarantor the Guarantors hereunder, first to (ia) to institute suit or otherwise exhaust its remedies against Borrower EBOF or any Subsidiary or others liable under any of the Documents, or any other Persons liable on the Loan or the Guaranteed Obligations, or against any other Personperson, (iib) to enforce Lender’s the Lenders' rights against any collateral which shall ever have been given to secure any of the Loanobligations of EBOF or its Subsidiaries, (iiic) to enforce Lender’s the Lenders' rights against any other guarantors of the Guaranteed Obligationsguarantors, (ivd) to join Borrower EBOF or its Subsidiaries or any other Persons others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (v) to exhaust any available remedies against any collateral given to secure the Loan, or (vif) to resort to any other means of obtaining payment of the Guaranteed Obligations. The Lenders shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. Lender It shall not be required 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 (ia) to institute suit or otherwise exhaust its remedies against Borrower or any other Persons others liable on the Loan or the Guaranteed Obligations, Obligations or against any other Personperson, (iib) to enforce or exhaust any of Lender’s 's rights or remedies against any collateral which shall ever have been given to secure the Loan, (iiic) to enforce Lender’s 's rights or remedies available to Lender against any other guarantors of the Guaranteed Obligations, (ivd) to join Borrower or any other Persons others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (v) to exhaust any available remedies against any collateral given to secure the Loan, or (vie) to 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.

No Duty To Pursue Others. Lender To the extent permitted by applicable law, it shall not be required 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 (ia) to institute suit or otherwise exhaust its remedies against any Borrower or any other Persons others liable on the Loan or the Guaranteed Obligations, Obligations or against any other Person, (iib) to enforce Lender’s rights against any collateral which shall ever have been given to secure the Loan, (iiic) to enforce Lender’s rights against any other guarantors guarantor(s) of the Guaranteed Obligations, (ivd) to join any Borrower or any other Persons others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (v) to exhaust any available remedies against any collateral given to secure the Loan, or (vie) to 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.

No Duty To Pursue Others. Lender It shall not be required 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 (i) to institute suit or otherwise exhaust its remedies against Borrower or any other Persons others liable on the Loan Guaranteed Obligations or the Guaranteed Obligations, or against any other Personperson, (ii) to enforce Lender’s rights against any collateral which shall ever have been given to secure the LoanGuaranteed Obligations, (iii) to enforce Lender’s rights against any other guarantors of the Guaranteed Obligations, (iv) to join Borrower or any other Persons others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (v) to exhaust any remedies available remedies to Lender against any collateral which shall ever have been given to secure the LoanGuaranteed Obligations, or (vi) to 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.

No Duty To Pursue Others. Lender It shall not be required 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 (i) to institute suit or otherwise exhaust its remedies against Borrower or any other Persons others liable on the Loan or the Guaranteed Obligations, Obligations or against any other Person, (ii) to enforce Lender’s 's rights against any collateral which shall ever have been given to secure the Loan, (iii) to enforce Lender’s 's rights against any other guarantors of the Guaranteed Obligations, (iv) to join Borrower or any other Persons others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (v) to exhaust any remedies available remedies to Lender against any collateral which shall ever have been given to secure the Loan, or (vi) to 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.

No Duty To Pursue Others. Lender It shall not be required 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 (ia) to institute suit or otherwise exhaust its remedies against Borrower or Borrower, any other Persons Loan Party or others liable on the Loan or the Guaranteed Obligations, Obligations or against any other Person, (iib) to enforce Lender’s rights against any collateral which shall ever have been given to secure the Loan, (iiic) to enforce Lender’s rights against any other guarantors of the Guaranteed Obligations, (ivd) to join Borrower Borrower, any other Loan Party or any other Persons others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ve) to exhaust any remedies available remedies to Lender against any collateral which shall ever have been given to secure the Loan, or (vif) to 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.

No Duty To Pursue Others. Lender It shall not be required 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 (i) to institute suit or otherwise exhaust its remedies against Borrower or any other Persons others liable on the Loan Debt or the Guaranteed Obligations, Obligations or against any other Personperson, (ii) to enforce Lender’s 's rights against any collateral which shall ever have been given to secure the LoanDebt, (iii) to enforce Lender’s 's rights against any other guarantors of the Guaranteed Obligations, (iv) to join Borrower or any other Persons others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, or (v) to exhaust any available remedies against any collateral given to secure the Loan, or (vi) to 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.

No Duty To Pursue Others. Lender It shall not be required necessary for any Secured Party (and Guarantor hereby waives any rights which Guarantor may have to require Lenderany Secured Party), in order to enforce the obligations of Guarantor hereunder, first to (i) to institute suit or otherwise exhaust its remedies against any Borrower or any other Persons others liable on the Loan or the Guaranteed Obligations, Obligations or against any other Person, (ii) to enforce Administrative Agent’s or any Lender’s rights against any collateral Collateral which shall ever have been given to secure the LoanLoan or any of the Obligations, (iii) to enforce Lender’s Secured Parties’ rights against any other guarantors of any of the Guaranteed Obligations, (iv) to join any Borrower or any other Persons others liable on any of the Guaranteed Obligations in any action seeking to enforce this Guaranty, (v) to exhaust any remedies available remedies to Secured Parties against any collateral Collateral which shall ever have been given to secure the LoanLoan or any of the Obligations, or (vi) to resort to any other means of obtaining payment and performance of any of the Guaranteed Obligations. Secured Parties shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Obligations.

No Duty To Pursue Others. Lender It shall not be required necessary for Trustee (and Guarantor hereby waives any rights which Guarantor may have to require LenderTrustee), in order to enforce the obligations of Guarantor hereunder, first to (i) to institute suit or otherwise exhaust its remedies against Borrower Issuer or others liable on the Notes or the Obligations or any other Persons liable on the Loan or the Guaranteed Obligations, or against any other Personperson, (ii) to enforce LenderTrustee’s rights against any collateral which shall ever have been given to secure the LoanNotes, (iii) to enforce LenderTrustee’s rights against any other guarantors of the Guaranteed Obligations, (iv) to join Borrower Issuer or any other Persons others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (v) to exhaust any remedies available remedies to Trustee against any collateral which shall ever have been given to secure the LoanNotes, or (vi) to resort to any other means of obtaining payment of the Guaranteed Obligations. Trustee shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Obligations.

No Duty To Pursue Others. Lender It shall not be required necessary for any Secured Party (and Guarantor hereby waives any rights which Guarantor may have to require Lenderany Secured Party), in order to enforce the obligations of Guarantor hereunder, first to (i) to institute suit or otherwise exhaust its [its] remedies against any Borrower or any other Persons others liable on the Loan or the Guaranteed Obligations, Obligations or against any other Person, (ii) to enforce Administrative Agent’s or any Lender’s rights against any collateral Collateral which shall ever have been given to secure the LoanLoan or any of the Obligations, (iii) to enforce Lender’s Secured Parties’ rights against any other guarantors of any of the Guaranteed Obligations, (iv) to join any Borrower or any other Persons others liable on any of the Guaranteed Obligations in any action seeking to enforce this Guaranty, (v) to exhaust any remedies available remedies to Secured Parties against any collateral Collateral which shall ever have been given to secure the LoanLoan or any of the Obligations, or (vi) to resort to any other means of obtaining payment and performance of any of the Guaranteed Obligations. Secured Parties shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Obligations.

No Duty To Pursue Others. Lender It shall not be required necessary for Agent or any Purchaser (and each Guarantor hereby waives any rights which such Guarantor may have to require LenderAgent or any Purchaser), in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (ia) to institute suit or otherwise exhaust its remedies against Borrower or any other Persons others liable on the Loan Obligations or the Guaranteed Obligations, or against any other Personperson, (iib) to enforce Lender’s Agent's rights against any collateral security which shall ever have been given to secure the LoanObligations, (iiic) to enforce Lender’s Agent's rights against any other guarantors of the Guaranteed Obligations, (ivd) to join Borrower or any other Persons others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (ve) to exhaust any remedies available remedies to Agent against any collateral security which shall ever have been given to secure the LoanObligations, or (vif) to resort to any other means of obtaining payment of the Guaranteed Obligations. Without limitation of the foregoing, each Guarantor hereby waives all rights of such Guarantor under Chapter 34 of the Texas Business and Commerce Code, as amended from time to time. Neither Agent nor any Purchaser shall be required to mitigate damages or take any other action to reduce, collect or enforce the Obligations.

No Duty To Pursue Others. Lender It shall not be required necessary for the Lenders (and Guarantor the Guarantors hereby waives waive any rights that the Guarantors may have to require Lenderthe Lenders), in order to enforce the obligations of Guarantor the Guarantors hereunder, first to (ia) to institute suit or otherwise exhaust its remedies against Borrower EBOF or any Subsidiary or others liable under the Transaction Documents or the Confessions of Judgment or any other Persons liable on the Loan or the Guaranteed Obligations, or against any other Personperson, (iib) to enforce Lender’s the Lenders’ rights against any collateral which shall ever have been given to secure any of the Loanobligations of EBOF or its Subsidiaries, (iiic) to enforce Lender’s the Lenders’ rights against any other guarantors of the Guaranteed Obligationsguarantors, (ivd) to join Borrower EBOF or its Subsidiaries or any other Persons others liable on the Guaranteed Obligations Total Debt in any action seeking to enforce this Guaranty, (v) to exhaust any available remedies against any collateral given to secure the Loan, or (vif) to resort to any other means of obtaining payment of the Guaranteed ObligationsTotal Debt. The Lenders shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Total Debt.

No Duty To Pursue Others. Lender It shall not be required necessary for the Lenders (and Guarantor the Guarantors hereby waives waive any rights that the Guarantors may have to require Lenderthe Lenders), in order to enforce the obligations of Guarantor the Guarantors hereunder, first to (ia) to institute suit or otherwise exhaust its remedies against Borrower EBOF or any Subsidiary or others liable under the Transaction Documents or the Confessions of Judgment or any other Persons liable on the Loan or the Guaranteed Obligations, or against any other Personperson, (iib) to enforce Lender’s the Lenders' rights against any collateral which shall ever have been given to secure any of the Loanobligations of EBOF or its Subsidiaries, (iiic) to enforce Lender’s the Lenders' rights against any other guarantors of the Guaranteed Obligationsguarantors, (ivd) to join Borrower EBOF or its Subsidiaries or any other Persons others liable on the Guaranteed Obligations Total Debt in any action seeking to enforce this Guaranty, (v) to exhaust any available remedies against any collateral given to secure the Loan, or (vif) to resort to any other means of obtaining payment of the Guaranteed ObligationsTotal Debt. The Lenders shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Total Debt.

No Duty To Pursue Others. Lender It shall not be required 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 (i) to institute suit or otherwise exhaust its remedies against Borrower or any other Persons others liable on the Loan or the Guaranteed Obligations, Obligations or against any other Personperson, (ii) to enforce or exhaust any of Lender’s 's rights or remedies against any collateral which shall ever have been given to secure the Loan, (iii) to enforce Lender’s 's rights or remedies available to Lender against any other guarantors of the Guaranteed Obligations, (iv) to join Borrower or any other Persons others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, or (v) to exhaust any available remedies against any collateral given to secure the Loan, or (vi) to 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.

No Duty To Pursue Others. Lender It shall not be required necessary for 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 (i) to institute suit or otherwise exhaust its remedies against Borrower Buyer or any other Persons others liable on under the Loan Transfer Documents or the Guaranteed Obligations, Obligations or against any other Person, (ii) to enforce LenderSeller’s rights against any collateral which shall ever have been given to secure the LoanTransfer Documents, (iii) to enforce LenderSeller’s rights against any other guarantors of the Guaranteed Obligations, (iv) to join Borrower Buyer or any other Persons others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, or (v) to exhaust any remedies available remedies to Seller against any collateral which shall ever have been given to secure the Loan, Transfer Documents. Seller shall not be required to mitigate damages or (vi) to resort to take any other means of obtaining payment of action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. Lender It shall not be required necessary for the Guaranteed Parties (and each Guarantor hereby waives any rights that the Guarantor may have to require Lenderthe Guaranteed Parties), in order to enforce the obligations of the Guarantor hereunder, first to (i) to institute suit or otherwise exhaust its remedies against Borrower Debtor or any other Persons party that may be liable on the Loan or the Guaranteed Obligations, or against any other Person, (ii) to enforce Lender’s the Guaranteed Parties’ rights against any collateral which shall have been given to secure the LoanObligations, (iii) to enforce Lender’s the Guaranteed Parties’ rights against any other guarantors of the Guaranteed Obligations, (iv) to join Borrower Debtor or any other Persons party liable on the Guaranteed Obligations in any action seeking to enforce this GuarantyGuarantee, or (v) to exhaust any available remedies against any collateral given to secure the Loan, or (vi) to resort to any other means of obtaining payment of the Obligations; provided, however, that if the Guaranteed ObligationsParties enforces its rights against collateral given by Debtor or the Guarantor, the Obligations shall be reduced accordingly.

No Duty To Pursue Others. Lender It shall not be required necessary for Lender (and Guarantor Carveout Indemnitor hereby waives any rights which Carveout Indemnitor may have to require Lender), in order to enforce the obligations of Guarantor Carveout Indemnitor hereunder, first to (i) to institute suit or otherwise exhaust its remedies against Borrower or any other Persons others liable on the Loan or the Guaranteed Obligations, Obligations or against any other Personperson, (ii) to enforce Lender’s rights or exhaust any remedies available to Lender against any collateral given to secure the Loanportion of any Property, (iii) to enforce Lender’s rights against any other guarantors of the Guaranteed Obligationsguarantors, (iv) to join Borrower or any other Persons person liable on the Guaranteed Obligations in any action seeking to enforce this GuarantyAgreement, or (v) to exhaust any available remedies against any collateral given to secure the Loan, or (vi) to 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 Obligations.

No Duty To Pursue Others. Lender It shall not be required 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 (i) to institute suit or otherwise exhaust its remedies against Borrower or any other Persons others liable on the Loan Guaranteed Debt or the Guaranteed Obligations, or against any other Personperson, (ii) to enforce Lender’s 's rights against any collateral security which shall ever have been given to secure the LoanGuaranteed Debt, (iii) to enforce Lender’s 's rights against any other guarantors of the Guaranteed ObligationsDebt, (iv) to join Borrower borrower or any other Persons others liable on the Guaranteed Obligations Debt in any action seeking to enforce this GuarantyGuaranty Agreement, (v) to exhaust any remedies available remedies to Lender against any collateral security which shall ever have been given to secure the LoanGuaranteed Debt, or (vi) to 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 Debt. Section 1.07.

No Duty To Pursue Others. Lender It shall not be required necessary for Lender (and Guarantor Carveout Indemnitor hereby waives any rights which Carveout Indemnitor may have to require Lender), in order to enforce the obligations of Guarantor Carveout Indemnitor hereunder, first to (i) to institute suit or otherwise exhaust its remedies against Borrower or any other Persons others liable on the Loan or the Guaranteed Obligations, Obligations or against any other Personperson, (ii) to enforce Lender’s rights or exhaust any remedies available to Lender against any collateral given to secure portion of the LoanProperty, (iii) to enforce Lender’s rights against any other guarantors of the Guaranteed Obligationsguarantors, (iv) to join Borrower or any other Persons person liable on the Guaranteed Obligations in any action seeking to enforce this GuarantyAgreement, or (v) to exhaust any available remedies against any collateral given to secure the Loan, or (vi) to 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 Obligations.

No Duty To Pursue Others. Lender It shall not be required 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 (i) to institute suit or otherwise exhaust its remedies against Borrower or any other Persons others liable on the Loan or the Guaranteed Obligations, Obligations or against any other Personperson/entity, (ii) to enforce Lender’s rights against any collateral which shall ever have been given to secure the Loan, (iii) to enforce Lender’s rights against any other guarantors of the Guaranteed Obligations, (iv) to join Borrower or any other Persons others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (v) to exhaust any remedies available remedies to Lender against any collateral which shall ever have been given to secure the Loan, or (vi) to 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.