No Election. Foothill shall have the right to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Foothill to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Foothill's right to proceed in any other form of action or proceeding or against other parties unless Foothill has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Foothill 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 Foothill finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 9 contracts
Samples: Continuing Guaranty (Leisure Time Casinos & Resorts Inc), Continuing Guaranty (Bpi Packaging Technologies Inc), Continuing Guaranty (Bpi Packaging Technologies Inc)
No Election. Foothill shall have the right to seek recourse ----------- against Guarantor to the fullest extent provided for herein, and no election by Foothill to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Foothill's right to proceed in any other form of action or proceeding or against other parties unless Foothill has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Foothill 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 Foothill finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 1 contract
Samples: Global Sports Inc
No Election. Foothill shall have the right to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Foothill to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Foothill's right to proceed in any other form of action or proceeding or against other parties unless Foothill has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Foothill 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 Foothill finally and unconditionally shall have realized indefeasible payment by such action or proceeding.
Appears in 1 contract
Samples: Loan and Security Agreement (Bollinger Industries Inc)