No Impairment of Remedies. If under applicable law, Secured Party proceeds by either judicial foreclosure or by non-judicial sale or enforcement, Secured Party may, at its sole option, determine which of its remedies or rights to pursue without affecting any of its respective rights and remedies under this Agreement. If, by exercising any right and remedy, Secured Party forfeits any of its other rights or remedies, including any right to enter a deficiency judgment against Company or any third party (whether because of any applicable law pertaining to “election of remedies” or the like), Company nevertheless hereby consents to such action by Secured Party. To the extent permitted by applicable law, Company also waives any claim based upon such action, even if such action by Secured Party results in a full or partial loss of any rights of subrogation, indemnification or reimbursement which Company might otherwise have had but for such action by Secured Party or the terms herein. Any election of remedies which results in the denial or impairment of the right of Secured Party to seek a deficiency judgment against any third party shall not, to the extent permitted by applicable law, impair Company’s obligations hereunder. If Secured Party bids at any foreclosure or trustee’s sale or at any private sale permitted by law or this Agreement, Secured Party may bid all or less than the amount of the Obligations. To the extent permitted by applicable law, the amount of the successful bid at any such sale, whether Secured Party or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral and any deficiency between such bid amount and the remaining balance of the Obligations shall be conclusively deemed to be the amount of the Obligations.
No Impairment of Remedies. If, in the exercise of any of its rights and remedies under this Agreement, the Collateral Agent shall forfeit any of its rights or remedies, including any right to enter a deficiency judgment against the Pledgor or any other Person, whether because of any applicable Law pertaining to “election of remedies” or otherwise, the Pledgor hereby consents to such action by the Collateral Agent and, to the extent permitted by applicable Law, waives any claim based upon such action, even if such action by the Collateral Agent shall result in a full or partial loss of any rights of subrogation, indemnification or reimbursement that the Pledgor might otherwise have had but for such action by the Collateral Agent or the terms herein. Any election of remedies that results in the denial or impairment of the right of the Collateral Agent to seek a deficiency judgment against any of the parties to any of the Financing Documents shall not, to the extent permitted by applicable Law, impair the Pledgor’s obligations hereunder.
No Impairment of Remedies. Exchange Offering Indenture Trustee, on behalf of the Exchange Offering Noteholders, hereby agrees that neither the Exchange Offering Indenture Trustee nor any Exchange Offering Noteholder shall raise, and the Exchange Offering Indenture Trustee, on behalf of the Exchange Offering Noteholders, hereby agrees not to exercise, any procedural or substantive defense or claim in respect of, or in connection with, any choice or exercise of remedies by NW Capital. In furtherance of the foregoing, if, in the exercise of any of its rights and remedies hereunder, NW Capital shall be limited, delayed or otherwise required to forfeit any of its rights or remedies, including, without limitation, any right to enter a deficiency judgment against Exchange Offering Indenture Trustee, any of the Exchange Offering Noteholders or any other Person, whether because of any applicable laws pertaining to “election of remedies” or otherwise, then (x) Exchange Offering Indenture Trustee, on behalf of the Exchange Offering Noteholders, shall, in the sole discretion of NW Capital, join NW Capital in, and not oppose, any appeal of any such limitation, delay or forfeiture of any of its rights or remedies, even if such appeal shall result in a full or partial loss of any rights of subrogation, indemnification or reimbursement which any of the Exchange Offering Noteholders might otherwise have had but for such appeal (it being understood and agreed that such costs of the Exchange Offering Indenture Trustee pursuant to this provision shall be added to any claims the Exchange Offering Indenture Trustee, in its own capacity as Exchange Offering Indenture Trustee, may have for payment against the Borrower), and (y) Exchange Offering Indenture Trustee, on behalf of the Exchange Offering Noteholders, hereby consents to such action by NW Capital and, to the extent permitted by applicable Laws, agrees that it shall not exercise any claim based upon such action, even if such action by NW Capital shall result in a full or partial loss of any rights of subrogation, indemnification or reimbursement which any of the Exchange Offering Noteholders might otherwise have had but for such action by NW Capital or the terms herein.
No Impairment of Remedies. Failure of Payee to exercise any of the options granted herein to Payee upon the happening of one or more of the events giving rise to such options shall not constitute a waiver of the right to exercise the same or any other option at any subsequent time in respect to the same or any other event. The acceptance by Payee of any payment hereunder that is less than payment in full of all amounts due and payable at the time of such payment shall not constitute a waiver of the right to exercise any of the options granted herein to Payee at that time or at any subsequent time or nullify any prior exercise of any such option without the express written acknowledgment of the Payee.
No Impairment of Remedies. If, in the exercise of any of its rights and remedies under this Agreement, Collateral Agent shall forfeit any of its rights or remedies, whether because of any applicable law pertaining to "election of remedies" or otherwise, Pledgor hereby consents to such action by Collateral Agent and, to the extent permitted by applicable law, waives any claim based upon such action, even if such action by Collateral Agent shall result in a full or partial loss of any rights of subrogation, indemnification or reimbursement which Pledgor might otherwise have had but for such action by Collateral Agent or the terms herein. Any election of remedies which results in the denial or impairment of the right of Collateral Agent to seek a deficiency judgment against any Borrower shall not, to the extent permitted by applicable law, impair Pledgor's obligations hereunder.
No Impairment of Remedies. If, in the exercise of any of its rights and remedies under this Agreement, Secured Party shall forfeit any of its rights or remedies, whether because of any applicable Law pertaining to “election of remedies” or otherwise, Obligor hereby consents to such action by Secured party and, to the extent permitted by applicable Law, waives any claim based upon such action, even if such action by Secured Party shall result in a full or partial loss of any rights of subrogation, indemnification or reimbursement which Xxxxxxx might otherwise have had but for such action by Secured Party or the terms herein. Any election of remedies which results in the denial or impairment of the right of Secured Party to seek a deficiency judgment against Obligor shall not, to the extent permitted by applicable Law, impair Xxxxxxx’s obligation hereunder.
No Impairment of Remedies. If, in the exercise of any of its rights and remedies under this Agreement, the Collateral Agent shall forfeit any of its rights or remedies, whether because of any requirements of applicable law pertaining to “election of remedies” or otherwise, the Pledgor hereby consents to such action by the Collateral Agent and, to the extent permitted by applicable law, waives any claim based upon such action, even if such action by the Collateral Agent shall result in a full or partial loss of any rights of subrogation, indemnification or reimbursement which the Pledgor might otherwise have had but for such action by the Collateral Agent or the terms herein. Any election of remedies which results in the denial or impairment of the right of the Collateral Agent to seek a deficiency judgment against the Pledgor shall not, to the extent permitted by applicable law, impair the Pledgor’s obligation hereunder.
No Impairment of Remedies. If, in the exercise of any of its rights and remedies under this Agreement, Collateral Agent shall forfeit any of its rights or remedies, including any right to enter a deficiency judgment against Grantors, whether because of any applicable Legal Requirements pertaining to "election of remedies" or otherwise, Grantors hereby consent to such action by Collateral Agent and, to the extent permitted by applicable Legal Requirements, waive any claim based upon such action, even if such action by Collateral Agent shall result in a full or partial loss of any rights of subrogation, indemnification or reimbursement which Grantors might otherwise have had but for such action by Collateral Agent or the terms herein. Any election of remedies which results in the denial or impairment of the right of Collateral Agent to seek a deficiency judgment against Grantors shall not, to the extent permitted by applicable Legal Requirements, impair Grantors' obligations hereunder.
No Impairment of Remedies. If, in the exercise of any of its rights and remedies under this Agreement, the P1 Collateral Agent forfeits any of its rights or remedies, including any right to enter a deficiency judgment against the Pledgor or any other Person, whether because of any Government Rule pertaining to “election of remedies” or otherwise, the Pledgor hereby consents to such action by the P1 Collateral Agent and, to the extent permitted by Government Rules, waives any claim based upon such action, even if such action by the P1 Collateral Agent would result in a full or partial loss of any rights of subrogation, indemnification, or reimbursement that the Pledgor might otherwise have had but for such action by the P1 Collateral Agent or the terms herein. Any election of remedies that results in the denial or impairment of the right of the P1 Collateral Agent to seek a deficiency judgment against any of the parties to any of the Senior Secured Credit Documents shall not, to the extent permitted by Government Rules, impair the Pledgor’s obligations hereunder.
No Impairment of Remedies. If, in the exercise of any of its rights and remedies hereunder, the Collateral Agent forfeits any of its rights or remedies, including any right to enter a deficiency judgment against any Loan Party or any other Person, whether because of any applicable Law pertaining to “election of remedies” or otherwise, each Loan Party hereby consents to such action by the Collateral Agent and, to the extent permitted by applicable Law, waives any claim based upon such action, even if such action by the Collateral Agent would result in a full or partial loss of any rights of subrogation, indemnification or reimbursement which such Loan Party might otherwise have had but for such action by the Collateral Agent or the terms herein. Any election of remedies which results in the denial or impairment of the right of the Collateral Agent to seek a deficiency judgment against any of the parties to any of the Financing Documents shall not, to the extent permitted by applicable Laws, impair any Loan Party’s obligations hereunder.
