Common use of No Duty To Pursue Others Clause in Contracts

No Duty To Pursue Others. It shall not be necessary for the Class A Member (and each Guarantor hereby waives any rights which such Guarantor may have to require the Class A Member), in order to enforce the obligations of Guarantors hereunder, first to (i) institute suit or exhaust its remedies against the Company or others liable for the Guaranteed Obligations or any other Person, including, without limitation, any general partner of any of the foregoing which is a partnership, (ii) declare a Changeover Event, (iii) enforce the Class A Member’s rights against any collateral which shall ever have been given to secure the obligations owed to the Class A Member under the Operating Agreement or the other Transaction Documents, (iv) enforce the Class A Member’s rights against any other guarantors of the Guaranteed Obligations, including, without limitation, any general partner of any of the foregoing which is a partnership, (v) join the Class B Member, the Company or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (vi) exhaust any remedies available to the Class A Member under the Transaction Documents, or (vii) resort to any other means of obtaining payment of the Guaranteed Obligations, including, to the extent California law is deemed to apply notwithstanding the choice of law set forth herein, any of the foregoing which may be available to the Class A Member by virtue of California Civil Code Sections 2845, 2849, and 2850. The Class A Member 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. It shall not be necessary for the Class A Member Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require the Class A MemberLender), in order to enforce the obligations of Guarantors hereunder, first to (i) institute suit or exhaust its remedies against the Company Borrower or others liable for on the Loan or the Guaranteed Obligations or any other Person, including, without limitation, any general partner of any of the foregoing which is a partnership, (ii) declare a Changeover Event, (iii) enforce the Class A MemberLender’s rights against any collateral which shall ever have been given to secure the obligations owed to the Class A Member under the Operating Agreement or the other Transaction DocumentsLoan, (iviii) enforce the Class A MemberLender’s rights against any other guarantors of the Guaranteed Obligations, including, without limitation, any general partner of any of the foregoing which is a partnership, (viv) join the Class B Member, the Company Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (viv) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Class A Member under the Transaction DocumentsLoan, or (viivi) resort to any other means of obtaining payment of the Guaranteed Obligations, including, to the extent California law is deemed to apply notwithstanding the choice of law set forth herein, any of the foregoing which may be available to the Class A Member Lender by virtue of California Civil Code Sections 2845, 2849, and 2850. The Class A Member 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. It shall not be necessary for the Class A Member Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require the Class A MemberLender), in order to enforce the obligations of Guarantors hereunder, first to (i) institute suit or exhaust its remedies against the Company Borrower or any Individual Borrower, Operating Lessee or others liable for on the Loan or the Guaranteed Obligations or any other Person, including, without limitation, any general partner of any of the foregoing which is a partnership, (ii) declare a Changeover Event, (iii) enforce the Class A MemberLender’s rights against any collateral which shall ever have been given to secure the obligations owed to the Class A Member under the Operating Agreement or the other Transaction DocumentsLoan, (iviii) enforce the Class A MemberLender’s rights against any other guarantors of the Guaranteed Obligations, including, without limitation, any general partner of any of the foregoing which is a partnership, (viv) join the Class B MemberBorrower or any Individual Borrower, the Company Operating Lessee or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (viv) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Class A Member under the Transaction DocumentsLoan, or (viivi) resort to any other means of obtaining payment of the Guaranteed Obligations, including, to the extent California law is deemed to apply notwithstanding the choice of law set forth herein, any of the foregoing which may be available to the Class A Member Lender by virtue of California Civil Code Sections 2845, 2849, and 2850. The Class A Member 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. It shall not be necessary for the Class A Member Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require the Class A MemberLender), in order to enforce the obligations of Guarantors Guarantor hereunder, first to (i) institute suit or exhaust its remedies against the Company Borrower or others liable for on the Loan or the Guaranteed Obligations or any other Person, including, without limitation, any general partner of any of the foregoing which is a partnership, (ii) declare a Changeover Event, (iii) enforce the Class A MemberLender’s rights against any collateral which shall ever have been given to secure the obligations owed to the Class A Member under the Operating Agreement or the other Transaction DocumentsLoan, (iviii) enforce the Class A MemberLender’s rights against any other guarantors of the Guaranteed Obligations, including, without limitation, any general partner of any of the foregoing which is a partnership, (viv) join the Class B Member, the Company Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (viv) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Class A Member under the Transaction DocumentsLoan, or (viivi) resort to any other means of obtaining payment of the Guaranteed Obligations, including, to the extent California law is deemed to apply notwithstanding the choice of law set forth herein, any of the foregoing which may be available to the Class A Member Lender by virtue of California Civil Code Sections 2845, 2849, and 2850. The Class A Member 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. It shall not be necessary for the Class A Member Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require the Class A MemberLender), in order to enforce the obligations of Guarantors hereunder, first to (i) institute suit or exhaust its remedies against any one or both of the Company Borrowers or others liable for on the Loan or the Guaranteed Obligations or any other Person, including, without limitation, any general partner of any of the foregoing which is a partnership, (ii) declare a Changeover Event, (iii) enforce the Class A MemberLender’s rights against any collateral which shall ever have been given to secure the obligations owed to the Class A Member under the Operating Agreement or the other Transaction DocumentsLoan, (iviii) enforce the Class A MemberLender’s rights against any other guarantors of the Guaranteed Obligations, including, without limitation, any general partner of any of the foregoing which is a partnership, (viv) join any one or both of the Class B Member, the Company Borrowers or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (viv) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Class A Member under the Transaction DocumentsLoan, or (viivi) resort to any other means of obtaining payment of the Guaranteed Obligations, including, to the extent California law is deemed to apply notwithstanding the choice of law set forth herein, any of the foregoing which may be available to the Class A Member Lender by virtue of California Civil Code Sections 2845, 2849, and 2850. The Class A Member 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. It shall not be necessary for the Class A Member Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require the Class A MemberLender), in order to enforce the obligations of Guarantors Guarantor hereunder, first to (i) institute suit or exhaust its remedies against the Company Borrower or others liable for on the Loan or the Guaranteed Obligations or any other Person, including, without limitation, any general partner 2 Guaranty of any of the foregoing which is a partnership, Recourse Obligations(Mezzanine) (ii) declare a Changeover Event, (iii) enforce the Class A MemberLender’s rights against any collateral which shall ever have been given to secure the obligations owed to the Class A Member under the Operating Agreement or the other Transaction DocumentsLoan, (iviii) enforce the Class A MemberLender’s rights against any other guarantors of the Guaranteed Obligations, including, without limitation, any general partner of any of the foregoing which is a partnership, (viv) join the Class B Member, the Company Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty, (viv) exhaust any remedies available to Lender against any collateral which shall ever have been given to secure the Class A Member under the Transaction DocumentsLoan, or (viivi) resort to any other means of obtaining payment of the Guaranteed Obligations, including, to the extent California law is deemed to apply notwithstanding the choice of law set forth herein, any of the foregoing which may be available to the Class A Member Lender by virtue of California Civil Code Sections 2845, 2849, and 2850. The Class A Member Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.