Common use of No Impairment of Remedies Clause in Contracts

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. Exchange Offering Indenture TrusteeIf the Collateral Agent may, on behalf under applicable laws, proceed to realize its benefits under this Agreement, whether owned by the Pledgor or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, the Collateral Agent may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of the Exchange Offering Noteholders, hereby agrees that neither the Exchange Offering Indenture Trustee nor any Exchange Offering Noteholder shall raise, rights and the Exchange Offering Indenture Trustee, on behalf remedies 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 CapitalCollateral Agent under this Agreement. In furtherance of the foregoing, ifIf, in the exercise of any of its such rights and remedies hereunderremedies, NW Capital shall be limited, delayed or otherwise required to forfeit the Collateral Agent forfeits any of its rights or remedies, including, without limitation, including any right to enter a deficiency judgment against Exchange Offering Indenture Trustee, any of the Exchange Offering Noteholders Pledgor or any other Person, whether because of any applicable laws pertaining to “election of remedies” or otherwise, then (x) Exchange Offering Indenture Trusteethe Pledgor hereby consents to such action by the Collateral Agent and, on behalf of to the Exchange Offering Noteholdersextent permitted by applicable laws, shall, in the sole discretion of NW Capital, join NW Capital in, and not oppose, waives any appeal of any claim based upon such limitation, delay or forfeiture of any of its rights or remediesaction, even if such appeal action by the Collateral Agent 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 Pledgor might otherwise have had but for such action by NW Capital 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 the Indenture or any other instrument, document or agreement related thereto shall not, to the extent permitted by applicable laws, impair the Pledgor’s obligation hereunder. In the event the Collateral Agent shall bid at any foreclosure or trustee’s sale or at any private sale permitted by laws or this Agreement, the Indenture or any other instrument, document or agreement related thereto, the Collateral Agent may bid all or less than the amount of the Obligations. To the extent permitted by applicable laws, the amount of the successful bid at any such sale, whether the Collateral Agent or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral and the difference 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. Exchange Offering Indenture TrusteeIf under applicable law, on behalf Pledgee proceeds by either judicial foreclosure or by non-judicial sale or enforcement, Pledgee may, at its sole option, determine which 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 its remedies or rights 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 pursue without affecting any of its rights and remedies hereunderunder this Agreement. If, NW Capital shall be limitedby exercising any right and remedy, delayed or otherwise required to forfeit Pledgee forfeits any of its other rights or remedies, including, without limitation, including any right to enter a deficiency judgment against Exchange Offering Indenture Trustee, any of the Exchange Offering Noteholders Pledgor or any other Person, third party (whether because of any applicable laws law pertaining to “election of remedies” or otherwisethe like), then (x) Exchange Offering Indenture TrusteePledgor nevertheless hereby consents to such action by Pledgee. To the extent permitted by applicable law, on behalf of the Exchange Offering Noteholders, shall, in the sole discretion of NW Capital, join NW Capital in, and not oppose, Pledgee also waives any appeal of any claim based upon such limitation, delay or forfeiture of any of its rights or remediesaction, even if such appeal shall result action by Pledgee results 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 Pledgor might otherwise have had but for such action by NW Capital Pledgee or the terms herein. Any election of remedies which results in the denial or impairment of the right of Pledgee to seek a deficiency judgment against any third party shall not, to the extent permitted by applicable law, impair Pledgor’s obligations hereunder. If Pledgee bids at any foreclosure or trustee’s sale or at any private sale permitted by law or this Agreement, Pledgee 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 Pledgee or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral and the difference 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. Exchange Offering Indenture TrusteeIf the Collateral Agent may, on behalf under applicable legal requirements, proceed to realize its benefits under this Agreement, either by judicial foreclosure or by non-judicial sale or enforcement, the Collateral Agent may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of the Exchange Offering Noteholders, hereby agrees that neither the Exchange Offering Indenture Trustee nor any Exchange Offering Noteholder shall raise, rights and the Exchange Offering Indenture Trustee, on behalf remedies 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 CapitalCollateral Agent under this Agreement. In furtherance of the foregoing, ifIf, in the exercise of any of its such rights and remedies hereunderremedies, NW Capital the Collateral Agent shall be limited, delayed or otherwise required to forfeit any of its rights or remedies, including, without limitation, including any right to enter a deficiency judgment against Exchange Offering Indenture Trustee, any of the Exchange Offering Noteholders such Grantor or any other Person, whether because of any applicable laws legal requirements pertaining to “"election of remedies” " or otherwisethe like, then (x) Exchange Offering Indenture Trusteesuch Grantor hereby consents to such action by the Collateral Agent and, on behalf of to the Exchange Offering Noteholdersextent permitted by applicable legal requirements, shall, in the sole discretion of NW Capital, join NW Capital in, and not oppose, waives any appeal of any claim based upon such limitation, delay or forfeiture of any of its rights or remediesaction, even if such appeal action by the Collateral Agent 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 Grantor might otherwise have had but for such action by NW Capital 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 Security Documents shall not, to the extent permitted by applicable legal requirements, impair such Grantor's obligation hereunder. In the event the Collateral Agent shall bid at any foreclosure or trustee's sale or at any private sale permitted by legal requirements or this Agreement, the Collateral Agent may bid all or less than the amount of the Secured Obligations. To the extent permitted by applicable legal requirements, the amount of the successful bid at any such sale, whether the Collateral Agent or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral and the difference between such bid amount and the remaining balance of the Secured Obligations shall be conclusively deemed to be the amount of the Secured Obligations.

No Impairment of Remedies. Exchange Offering Indenture TrusteeIf the Trustee may, on behalf under applicable legal requirements, proceed to realize its benefits under this Agreement, either by judicial foreclosure or by non-judicial sale or enforcement, the Trustee may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of the Exchange Offering Noteholders, hereby agrees that neither the Exchange Offering Indenture Trustee nor any Exchange Offering Noteholder shall raise, rights and the Exchange Offering Indenture Trustee, on behalf remedies 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 CapitalTrustee under this Agreement. In furtherance of the foregoing, ifIf, in the exercise of any of its such rights and remedies hereunderremedies, NW Capital the Trustee shall be limited, delayed or otherwise required to forfeit any of its rights or remedies, including, without limitation, including any right to enter a deficiency judgment against Exchange Offering Indenture Trustee, any of the Exchange Offering Noteholders such Grantor or any other Person, whether because of any applicable laws legal requirements pertaining to “"election of remedies” " or otherwisethe like, then (x) Exchange Offering Indenture Trusteesuch Grantor hereby consents to such action by the Trustee and, on behalf of to the Exchange Offering Noteholdersextent permitted by applicable legal requirements, shall, in the sole discretion of NW Capital, join NW Capital in, and not oppose, waives any appeal of any claim based upon such limitation, delay or forfeiture of any of its rights or remediesaction, even if such appeal action by the Trustee 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 Grantor might otherwise have had but for such action by NW Capital the Trustee or the terms herein. Any election of remedies which results in the denial or impairment of the right of the Trustee to seek a deficiency judgment against any of the parties to any of the Security Documents shall not, to the extent permitted by applicable legal requirements, impair such Grantor's obligation hereunder. In the event the Trustee shall bid at any foreclosure or trustee's sale or at any private sale permitted by legal requirements or this Agreement, the Trustee may bid all or less than the amount of the Note Obligations. To the extent permitted by applicable legal requirements, the amount of the successful bid at any such sale, whether the Trustee or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral and the difference between such bid amount and the remaining balance of the Note Obligations shall be conclusively deemed to be the amount of the Note Obligations.