Common use of Preservation of Certain Remedies Clause in Contracts

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent and the Lenders preserve, without diminution, certain remedies that the Agent and the Lenders may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders shall have and hereby reserve the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (A) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (B) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and (C) obtaining provisions or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding. Preservation of these remedies does not limit the power of any arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and property, collection of rents, rents and set off, and peaceful possession of property and (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Operative Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Operative Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent and the Lenders parties hereto preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents this Agreement or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Person may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and to the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, alone or in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (A) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (B) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (C) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (D) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies, as applicable: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law Applicable Law or by judicial foreclosure and sale, including a proceeding to confirm the sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and to the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent and the Lenders parties hereto preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents this Pledge Agreement or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Operative Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Person may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (AI) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Operative Documents or under applicable law or by judicial foreclosure and sale, (BII) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (CIII) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (IV) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (A) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (B) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (C) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (D) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.. 100 (j)

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Credit Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Credit Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.. 101

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and to the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (A) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (B) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (C) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (D) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a 69 judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute."

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent and the Lenders preserve, without diminution, certain remedies that the Agent and the Lenders may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders shall have and hereby reserve the right to proceed in any court of proper 6 jurisdiction or by self help to exercise or prosecute the following remedies: (A) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (B) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and (C) obtaining provisions or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding. Preservation of these remedies does not limit the power of any arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: , (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding; and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law Applicable Law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or to the extent applicable by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and property, collection of rents, rents and set off, and peaceful possession of property and (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Person may employ or exercise freely, either alone, in conjunction with or during a Disputedispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law Applicable Law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceedingproceeding and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Disputedispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property property, and (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent and the Lenders preserve, without diminution, certain remedies that the Agent and the Lenders may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders shall have and hereby reserve the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law Applicable Law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding. Preservation of these remedies does not limit the power of any arbitrator to grant similar remedies that may be requested by a party in a Dispute., and (iv)

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent and the Lenders preserve, without diminution, certain remedies that the Agent and the Lenders may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders shall have and hereby reserve the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) 65 72 all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent Administrative Agent, the Lenders and the Lenders Borrowers each preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and to the Lenders other Loan Document preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of or receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a 109 judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent and the Lenders parties hereto preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against or otherwise become owner or sell any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent and the Lenders preserve, without diminution, certain remedies that the Agent and the Lenders may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders shall have and hereby reserve the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding binding arbitration provisions, the Agent parties hereto and the Lenders other Loan Documents preserve, without diminution, certain remedies that the Agent and the Lenders such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders Each such Person shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property and property, (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a 70 76 judgment by confession of judgment. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Preservation of Certain Remedies. Notwithstanding the preceding -------------------------------- binding arbitration provisions, the Agent and the Lenders preserveFirst Union preserves, without diminution, certain remedies that the Agent and the Lenders First Union may employ or exercise freely, either alone, in conjunction with or during a Dispute. The Agent and the Lenders First Union shall have and hereby reserve reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remediesremedies if and to the extent applicable: (Ai) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under applicable law or by judicial foreclosure and sale, (Bii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property property, and (Ciii) obtaining provisions provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding. Preservation of these remedies does not limit the power of any an arbitrator to grant similar remedies that may be requested by a party in a Dispute.