No Election. Guarantied Party shall have the right to seek recourse against Guarantor to the fullest extent provided for herein and no election by Guarantied Party to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Guarantied Party's right to proceed in any other form of action or proceeding or against other parties unless Guarantied Party has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied Party under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Guarantied Party finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 8 contracts
Samples: General Continuing Guaranty (Town & Country Corp), Stock Pledge Agreement (Sands Regent), Loan and Security Agreement (Network Computing Devices Inc)
No Election. Guarantied Party Lender shall have all of the right rights to seek recourse against Guarantor to the fullest extent provided for herein herein, and no election by Guarantied Party Lender to proceed in 6 one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Guarantied Party's Lender’s right to proceed in any other form of action or proceeding or against other parties unless Guarantied Party Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied Party Lender under any .any document or instrument evidencing the Guarantied Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Guarantied Party 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. Guarantied Party shall have the right to seek ----------- recourse against Guarantor to the fullest extent provided for herein and no election by Guarantied Party to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Guarantied Party's right to proceed in any other form of action or proceeding or against other parties unless Guarantied Party has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied Party under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Guarantied Party finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 5 contracts
Samples: Security Agreement (QMS Inc), Family Restaurants, Family Restaurants
No Election. Guarantied Party Secured Parties shall have the right to seek recourse against any Guarantor to the fullest extent provided for herein and no election by Guarantied Party Secured Parties to proceed in one form of action or proceeding, or against any Guarantor or other party, or on any obligation, shall constitute a waiver of Guarantied Party's Secured Parties’ right to proceed in any other form of action or proceeding or against any other Guarantor or other parties unless Guarantied Party has Secured Parties have expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied Party Secured Parties under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of Guarantor Guarantors under this Guaranty except to the extent that Guarantied Party Secured Parties finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 3 contracts
Samples: Security Agreement (Deckers Outdoor Corp), Security Agreement (Deckers Outdoor Corp), Security Agreement (Deckers Outdoor Corp)
No Election. Guarantied Party shall have all of the right rights to seek recourse against Guarantor to the fullest extent provided for herein herein, and no election by Guarantied Party to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Guarantied Party's right to proceed in any other form of action or proceeding or against other parties unless Guarantied Party has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied Party under any document or instrument evidencing the Guarantied Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Guarantied Party finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 2 contracts
Samples: Terms of the Agreement (Prospect Medical Holdings Inc), Terms of the Agreement (Prospect Medical Holdings Inc)
No Election. Guarantied Party The Guaranteed Parties shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein herein, and no election by Guarantied any Guaranteed Party to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Guarantied Party's the Guaranteed Parties' right to proceed in any other form of action or proceeding or against other parties unless Guarantied Party has the Guaranteed Parties have expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied any Guaranteed Party under any document or instrument evidencing the Guarantied Guaranteed Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that Guarantied Party the Guaranteed Parties finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 2 contracts
Samples: Guaranty (Mobile Mini Inc), Mobile Mini Inc
No Election. Guarantied Party shall have the right to seek recourse ----------- against each Guarantor to the fullest extent provided for herein and no election by Guarantied Party to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Guarantied Party's right to proceed in any other form of action or proceeding or against other parties unless Guarantied Party has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied Party under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of a Guarantor under this Guaranty except to the extent that Guarantied Party finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 1 contract
No Election. Guarantied Party shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by Guarantied Party to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Guarantied Party's right to proceed in any other form of action or proceeding or against other parties unless Guarantied Party has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied Party under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of a Guarantor under this Guaranty except to the extent that Guarantied Party finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 1 contract
Samples: Microstrategy Inc
No Election. Guarantied Party shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by Guarantied Party to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Guarantied Party's right to proceed in any other form of action or proceeding or against other parties unless Guarantied Party has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied Party under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that Guarantied Party finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 1 contract
No Election. Guarantied Party shall have the right to seek recourse ----------- against Guarantor to the fullest extent provided for herein and no election by Guarantied Party to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Guarantied Party's right to proceed in any other form of action or proceeding or against other parties unless Guarantied Party has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied Party under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Guarantied Party finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (TVN Entertainment Corp)
No Election. Guarantied Party shall have the right to seek recourse against any Guarantor to the fullest extent provided for herein and no election by Guarantied Party to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Guarantied Party's ’s right to proceed in any other form of action or proceeding or against other parties unless Guarantied Party has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied Party under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that Guarantied Party finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 1 contract
Samples: Suretyship Agreement (Hall Kinion & Associates Inc)
No Election. Guarantied Party The Secured Parties shall have the right to seek recourse against the Guarantor to the fullest extent provided for herein and no election by Guarantied any Secured Party to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Guarantied any Secured Party's ’s right to proceed in any other form of action or proceeding or against other parties unless Guarantied Party the Agent, on behalf of the Secured Parties, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied any Secured Party under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of the Guarantor under this Guaranty except to the extent that Guarantied Party the Secured Parties 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 (Phoenix Capital Group Holdings I LLC)
No Election. Guarantied Party shall have the right to seek ----------- recourse against each Guarantor to the fullest extent provided for herein and no election by Guarantied Party to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Guarantied Party's right to proceed in any other form of action or proceeding or against other parties unless Guarantied Party has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied Party under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that Guarantied Party finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 1 contract
Samples: Prandium Inc
No Election. Guarantied Party shall have the right to seek ----------- recourse against any Guarantor to the fullest extent provided for herein and no election by Guarantied Party to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Guarantied Party's right to proceed in any other form of action or proceeding or against other parties unless Guarantied Party has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied Party under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that Guarantied Party finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 1 contract
No Election. Guarantied Party shall have the right to seek recourse against any Guarantor to the fullest extent provided for herein and no election by Guarantied Party to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Guarantied Party's right to proceed in any other form of action or proceeding or against other parties unless Guarantied Party has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied Party under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that Guarantied Party finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 1 contract
Samples: Financing Agreement (Gart Sports Co)
No Election. Guarantied Party shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by Guarantied Party to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Guarantied Party's right to proceed in any other form of action or proceeding or against other parties unless Guarantied Party has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Guarantied Party under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of each Guarantor under this Guaranty except to the extent that Guarantied Party finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 1 contract