No Election. Lender shall have all of the rights to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under .any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 6 contracts
Samples: Contribution Agreement (MHI Hospitality CORP), Contribution Agreement (MHI Hospitality CORP), Contribution Agreement (MHI Hospitality CORP)
No Election. Lender shall have all of the rights to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under .any any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 4 contracts
Samples: Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.), Guaranty of Recourse Obligations (Inland Real Estate Income Trust, Inc.), Guaranty of Recourse Obligations (KBS Real Estate Investment Trust III, Inc.)
No Election. Lender shall have all of the rights to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s 's right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under .any any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 4 contracts
Samples: Guaranty of Recourse Obligations (KBS Growth & Income REIT, Inc.), Guaranty of Recourse Obligations (KBS Growth & Income REIT, Inc.), Guaranty (Maguire Properties Inc)
No Election. Lender shall have all of the rights right to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under .any any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 4 contracts
Samples: Limited Guaranty (KBS Legacy Partners Apartment REIT, Inc.), Nonrecourse Exceptions Guaranty (Ashford Hospitality Trust Inc), Nonrecourse Exceptions Guaranty (Ashford Hospitality Trust Inc)
No Election. Lender shall have all of the rights to seek recourse against Affiliated Guarantor to the fullest extent provided for herein, and no election by Lender to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under .any any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Affiliated Guarantor under this Affiliated Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 2 contracts
Samples: Affiliated Guaranty (Strategic Hotels & Resorts, Inc), Affiliated Guaranty (Strategic Hotels & Resorts, Inc)
No Election. Lender shall have all of the rights right to seek recourse against Guarantor to the fullest extent provided for herein, herein and no election by Lender to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under .any any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Obligations by such action or proceeding.
Appears in 2 contracts
Samples: General Continuing Guaranty (Nexaira Wireless Inc.), General Continuing Guaranty (Nexaira Wireless Inc.)
No Election. Lender shall have all of the rights right to seek recourse against Guarantor to the fullest extent provided for herein, herein and no election by Lender to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under .any any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall the Guarantied Obligations have realized indefeasible payment been paid in full by such action or proceeding..
Appears in 2 contracts
Samples: General Continuing Guaranty, General Continuing Guaranty (Micron Solutions Inc /De/)
No Election. Lender The Holders shall have all of the rights right to seek recourse against Guarantor to the fullest extent provided for herein, herein and no election by Lender the Holders to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s the Holders' right to proceed in any other form of action or proceeding or against other parties unless Lender has the Holders have expressly waived such that right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender the Holders under .any any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender the Holders finally and unconditionally shall have realized indefeasible payment by such the action or proceeding.
Appears in 2 contracts
Samples: Rescission, Restructuring and Assignment Agreement (Integrated Healthcare Holdings), Payment Agreement (Chaudhuri Kali P)
No Election. Lender shall have all of the rights to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender Xxxxxx to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender Xxxxxx has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under .any any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 2 contracts
Samples: Guaranty (Strategic Hotels & Resorts, Inc), Guaranty (Strategic Hotels & Resorts, Inc)
No Election. Lender shall have all of the rights right to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender Xxxxxx to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under .any any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty Guaranty, except to the extent that Lender finally and unconditionally shall have realized indefeasible payment in full by such action or proceeding.
Appears in 1 contract
No Election. Lender shall have all of the rights right to seek recourse against any Guarantor to the fullest extent provided for herein, and no election by Lender to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under .any any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 1 contract
No Election. Lender shall have all of the rights right to seek recourse against Guarantor for the Guarantied Losses to the fullest extent provided for herein, herein and no election by Lender to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under .any any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Obligations by such action or proceeding.
Appears in 1 contract
Samples: General Continuing Guaranty (Fortegra Financial Corp)
No Election. Lender The Holder shall have all of the rights right to seek recourse against the Guarantor to the fullest extent provided for herein, and no election by Lender the Holder to proceed in 6 one form of action or proceeding, or against any partyperson, or on any obligation, shall constitute a waiver of Lender’s the Holder's right to proceed in any other form of action or proceeding or against other persons or parties unless Lender the Holder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender the Holder under .any any document or instrument evidencing the Guaranteed Underlying Obligations shall serve to diminish the liability of the Guarantor under this Guaranty except to the extent that Lender the Holder finally and unconditionally shall have realized indefeasible payment in full of the Underlying Obligations by such action or proceeding.
Appears in 1 contract
Samples: Guaranty (2ksounds Corp)
No Election. Lender shall have all of the rights to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under .any any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.. 5 GUARANTY OF RECOURSE OBLIGATIONS
Appears in 1 contract
Samples: Guaranty of Recourse Obligations (Bluerock Residential Growth REIT, Inc.)
No Election. Lender shall have all of the rights right to seek recourse against Guarantor to the fullest extent provided for herein, herein and no election by Lender to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s 's right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under .any any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Obligations by such action or proceeding.
Appears in 1 contract
Samples: Guaranty (Schlotzskys Inc)
No Election. Lender shall have all of the rights to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender Lxxxxx to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender Lxxxxx has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under .any any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 1 contract