No Election. The Lender Group shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group 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 the Lender Group finally and unconditionally shall have realized payment in full of the Guarantied Obligations by such action or proceeding.
Appears in 3 contracts
Samples: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (Dune Energy Inc), Credit Agreement (MSX International Inc)
No Election. The Lender Group shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's ’s right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group 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 the Lender Group finally and unconditionally shall have realized payment in full of the Guarantied Obligations by such action or proceeding.
Appears in 2 contracts
Samples: General Continuing Guaranty (Monotype Imaging Holdings Inc.), Credit Agreement (Velocity Express Corp)
No Election. The Lender Group shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's ’s right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group 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 the Lender Group finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Guaranteed Obligations by such action or proceeding.
Appears in 2 contracts
Samples: Guaranty Agreement (Whitehall Jewelers Holdings, Inc.), Guaranty Agreement (Whitehall Jewelers Holdings, Inc.)
No Election. The Lender Group shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's ’s right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group 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 the Lender Group finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Obligations Obligations, subject to the amount of the Guaranty Limit, by such action or proceeding.
Appears in 1 contract
No Election. The Lender Group shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's ’s right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group 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 the Lender Group finally and unconditionally shall have realized payment Payment in full Full of the Guarantied Obligations by such action or proceeding.
Appears in 1 contract
Samples: Continuing Guaranty (Unifund Financial Technologies, Inc.)
No Election. The Lender Purchaser Group shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Purchaser Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Purchaser Group's ’s right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Purchaser Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Purchaser Group 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 the Lender Purchaser Group finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Obligations by such action or proceeding.
Appears in 1 contract
Samples: Securities Purchase Agreement (RXi Pharmaceuticals Corp)
No Election. The Lender Group shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's ’s right to proceed in any other form of action or proceeding or against other parties unless the Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group 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 the Lender Group finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Guaranteed Obligations by such action or proceeding.
Appears in 1 contract
Samples: cases.primeclerk.com
No Election. The Subject to Section 22 hereof, the Lender Group shall have ----------- ---------- the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, Group has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group 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 the Lender Group finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Obligations by such action or proceeding.
Appears in 1 contract
Samples: Learningstar Corp
No Election. The Lender Group shall have the right to seek recourse against each U.K. Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group under any document or instrument evidencing the U.K. Guarantied Obligations shall serve to diminish the liability of any U.K. Guarantor under this U.K. Guaranty except to the extent that the Lender Group finally and unconditionally shall have realized payment in full of the U.K. Guarantied Obligations by such action or proceeding.
Appears in 1 contract
Samples: Credit Agreement (Take Two Interactive Software Inc)
No Election. The Lender Group shall have the right to seek recourse against each U.S. Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group under any document or instrument evidencing the U.S. Guarantied Obligations shall serve to diminish the liability of any U.S. Guarantor under this U.S. Guaranty except to the extent that the Lender Group finally and unconditionally shall have realized payment in full of the U.S. Guarantied Obligations by such action or proceeding.
Appears in 1 contract
Samples: Credit Agreement (Take Two Interactive Software Inc)
No Election. The Lender Group shall have the right to seek recourse against each U.S. Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's ’s right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group under any document or instrument evidencing the U.S. Guarantied Obligations shall serve to diminish the liability of any U.S. Guarantor under this U.S. Guaranty except to the extent that the Lender Group finally and unconditionally shall have realized payment in full of the U.S. Guarantied Obligations by such action or proceeding.
Appears in 1 contract
Samples: Credit Agreement (Take Two Interactive Software Inc)
No Election. The Lender Group shall have the right to seek recourse against each U.K. Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's ’s right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group under any document or instrument evidencing the U.K. Guarantied Obligations shall serve to diminish the liability of any U.K. Guarantor under this U.K. Guaranty except to the extent that the Lender Group finally and unconditionally shall have realized payment in full of the U.K. Guarantied Obligations by such action or proceeding.
Appears in 1 contract
Samples: Credit Agreement (Take Two Interactive Software Inc)