No Election of Remedies by Noteholders. Each Noteholder shall, individually or collectively, have the right to seek recourse against any Guarantor to the fullest extent provided for herein for such Guarantor’s obligations under this Guaranty in respect of the Guarantied Obligations. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of such Noteholder’s right to proceed in any other form of action or proceeding or against other parties unless such Noteholder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Noteholder against the Company or any Guarantor under any document or instrument evidencing obligations of the Company or any Guarantor to such Noteholder shall serve to diminish the liability of any Guarantor under this Guaranty, except to the extent that such Noteholder finally and unconditionally shall have realized payment by such action or proceeding.
Appears in 7 contracts
Samples: Note Purchase Agreement (Tiffany & Co), Note Purchase and Private Shelf Agreement (Tiffany & Co), Note Purchase and Private Shelf Agreement (Tiffany & Co)
No Election of Remedies by Noteholders. Each Noteholder shall, individually or collectively, have the right to seek recourse against any Guarantor to the fullest extent provided for herein for such Guarantor’s 's obligations under this Guaranty in respect of the Guarantied Obligations. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of such Noteholder’s 's right to proceed in any other form of action or proceeding or against other parties unless such Noteholder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Noteholder against the Company or any Guarantor under any document or instrument evidencing obligations of the Company or any Guarantor to such Noteholder shall serve to diminish the liability of any Guarantor under this Guaranty, except to the extent that such Noteholder finally and unconditionally shall have realized payment by such action or proceeding.
Appears in 7 contracts
Samples: Note Purchase Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co)
No Election of Remedies by Noteholders. Each To the extent provided in the Note Purchase Agreement, each Noteholder shall, individually or collectively, have the right to seek recourse against any Guarantor each of the Guarantors to the fullest extent provided for herein for such Guarantor’s 's obligations under this Guaranty in respect of the Guarantied Obligations. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of such Noteholder’s 's right to proceed in any other form of action or proceeding or against other parties unless such Noteholder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Noteholder against the Company or any Guarantor under any document or instrument evidencing obligations of the Company or any Guarantor to such Noteholder shall serve to diminish the liability of any Guarantor under this Guaranty, except to the extent that such Noteholder finally and unconditionally shall have realized payment by such action or proceeding.
Appears in 5 contracts
Samples: Joint and Several Guaranty (Smithfield Foods Inc), Joint and Several Guaranty (Smithfield Foods Inc), Joint and Several Guaranty (Smithfield Foods Inc)
No Election of Remedies by Noteholders. Each Noteholder shall, individually or collectively, have the right to seek recourse against any Guarantor to the fullest extent provided for herein for such Guarantor’s obligations under this Guaranty Guarantee in respect of the Guarantied Guaranteed Obligations. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of such Noteholder’s right to proceed in any other form of action or proceeding or against other parties unless such Noteholder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Noteholder against the Company Authority or any Guarantor under any document or instrument evidencing obligations of the Company Authority or any Guarantor to such Noteholder shall serve to diminish the liability of any Guarantor under this GuarantyGuarantee, except to the extent that such Noteholder finally and unconditionally shall have realized payment of the Guaranteed Obligations by such action or proceeding.
Appears in 3 contracts
Samples: Facility Agreement (Mohegan Tribal Gaming Authority), Note Purchase Agreement (Mohegan Tribal Gaming Authority), Guarantee Agreement (Mohegan Tribal Gaming Authority)
No Election of Remedies by Noteholders. Each Noteholder shall, individually or collectively, have the right to seek recourse against any the Guarantor to the fullest extent provided for herein (subject to the limitations set forth in Section 6) for such Guarantor’s 's obligations under this Guaranty Guarantee Agreement in respect of the Guarantied Obligations. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of such Noteholder’s 's right to proceed in any other form of action or proceeding or against other parties unless such Noteholder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Noteholder against the Company or any the Guarantor under any document or instrument evidencing obligations of the Company or any the Guarantor to such Noteholder shall serve to diminish the liability of any the Guarantor under this GuarantyGuarantee Agreement, except to the extent that such Noteholder finally and unconditionally shall have realized payment by such action or proceeding.
Appears in 2 contracts
Samples: Subordinated Guarantee Agreement (Hutchinson Products Corp), Subordinated Guarantee Agreement (Hutchinson Products Corp)
No Election of Remedies by Noteholders. Each To the extent provided in the Note Purchase Agreement, each Noteholder shall, individually or collectively, have the right to seek recourse against any the Guarantor to the fullest extent provided for herein for such the Guarantor’s 's obligations under this Guaranty in respect of the Guarantied Obligations. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of such Noteholder’s 's right to proceed in any other form of action or proceeding or against other parties unless such Noteholder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Noteholder against the Company or any the Guarantor under any document or instrument evidencing obligations of the Company or any the Guarantor to such Noteholder shall serve to diminish the liability of any the Guarantor under this Guaranty, except to the extent that such Noteholder finally and unconditionally shall have realized payment by such action or proceeding.
Appears in 1 contract
Samples: Guaranty (Smithfield Foods Inc)
No Election of Remedies by Noteholders. Each Noteholder shall, individually or collectively, have the right to seek recourse against any a0inst the Guarantor to the fullest extent provided for herein for such Guarantor’s the Guarantors obligations under this Guaranty in respect of the Guarantied Guaranteed Obligations. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of such Noteholder’s Noteholders right to proceed in any other form of action or proceeding or against other parties unless such Noteholder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Noteholder against the Company Issuer or any the Guarantor under any document or instrument evidencing obligations of the Company Issuer or any the Guarantor to such Noteholder shall serve to diminish the liability of any the Guarantor under this Guaranty, . except to the extent that such Noteholder finally and unconditionally shall have realized payment by such action or proceedingof the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty Agreement (Rite Aid Corp)
No Election of Remedies by Noteholders. Each To the extent provided in the Note Purchase Agreement, each Noteholder shall, individually or collectively, have the right to seek recourse against any Guarantor each of the Guarantors to the fullest extent provided for herein for such Guarantor’s obligations under this Guaranty in respect of the Guarantied Obligations. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of such Noteholder’s right to proceed in any other form of action or proceeding or against other parties unless such Noteholder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Noteholder against the Company or any Guarantor under any document or instrument evidencing obligations of the Company or any Guarantor to such Noteholder shall serve to diminish the liability of any Guarantor under this Guaranty, except to the extent that such Noteholder finally and unconditionally shall have realized payment by such action or proceeding.
Appears in 1 contract
No Election of Remedies by Noteholders. Each To the extent provided in the Amended and Restated Purchase Agreement, each Noteholder shall, individually or collectively, have the right to seek recourse against any each Guarantor to the fullest extent provided for herein for such Guarantor’s 's obligations under this Guaranty in respect of the Guarantied Obligations. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of such Noteholder’s 's right to proceed in any other form of action or proceeding or against other parties (including, without limitation, any Other Guarantor) unless such Noteholder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Noteholder against the Company Obligor or any Guarantor under any document or instrument evidencing obligations of the Company Obligor or any such Guarantor to such Noteholder shall serve to diminish the liability of any such Guarantor under this Guaranty, except to the extent that such Noteholder finally and unconditionally shall have realized payment by such action or proceedingproceeding in respect of the Guarantied Obligations.
Appears in 1 contract
Samples: Guaranty (U S Aggregates Inc)
No Election of Remedies by Noteholders. Each To the extent provided in the Note Purchase Agreement, each Noteholder shall, individually or collectively, have the right to seek recourse against any each Guarantor to the fullest extent provided for herein for such Guarantor’s 's obligations under this Guaranty in respect of the Guarantied Obligations. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of such Noteholder’s 's right to proceed in any other form of action or proceeding or against other parties (including, without limitation, any Other Guarantor) unless such Noteholder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Noteholder against the Company or any Guarantor under any document or instrument evidencing obligations of the Company or any such Guarantor to such Noteholder shall serve to diminish the liability of any such Guarantor under this Guaranty, except to the extent that such Noteholder finally finally, indefeasibly and unconditionally shall have realized payment by such action or proceedingproceeding in respect of the Guarantied Obligations.
Appears in 1 contract
Samples: Note Purchase Agreement (Seitel Inc)
No Election of Remedies by Noteholders. Each To the extent provided in the Amended and Restated Note Purchase Agreement, each Noteholder shall, individually or collectively, have the right to seek recourse against any Guarantor the Guarantors to the fullest extent provided for herein for such Guarantor’s the Guarantors' obligations under this Guaranty in respect of the Guarantied Obligations. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of such Noteholder’s 's right to proceed in any other form of action or proceeding or against other parties unless such Noteholder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Noteholder against the Company or any Guarantor the Guarantors under any document or instrument evidencing obligations of the Company or any Guarantor the Guarantors to such Noteholder shall serve to diminish the liability of any Guarantor the Guarantors under this Guaranty, except to the extent that such Noteholder finally and unconditionally shall have realized payment by such action or proceeding.
Appears in 1 contract
Samples: Guaranty (C Quential Inc)