Common use of PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE Clause in Contracts

PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. (1) No provision of this Section shall limit the right of either Lender or Guarantor, as the case may be, to (1) exercise such self-help remedies as might otherwise be available under applicable law, (2) initiate judicial or non-judicial foreclosure against any real or personal property collateral, (3) exercise any judicial or power of sale rights, or (4) obtain or oppose provisional or ancillary remedies, including without limitation, injunctive relief, writs of possession, the appointment of a receiver, and/or additional or supplementary remedies from a court of competent jurisdiction before, after or during the pendency of the Reference. (2) The exercise of, or opposition to, any such remedy does not waive the right of Lender or Guarantor to the Reference pursuant to this Section.

Appears in 4 contracts

Samples: Guaranty Agreement (Nexpoint Diversified Real Estate Trust), Guaranty Agreement (CorePoint Lodging Inc.), Guaranty Agreement (BRE Select Hotels Corp)

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PROVISIONAL REMEDIES, SELF HELP AND FORECLOSURE. (1i) No provision of this Section 6.7 shall limit the right of either Lender or Guarantor, as the case may be, to (1) exercise such self-help remedies as might otherwise be available under applicable law, (2) initiate judicial or non-judicial foreclosure against any real or personal property collateral, (3) exercise any judicial or power of sale rights, or (4) obtain or oppose provisional or ancillary remedies, including without limitation, injunctive relief, writs of possession, the appointment of a receiver, and/or additional or supplementary remedies from a court of competent jurisdiction before, after or during the pendency of the Reference. (2ii) The exercise of, or opposition to, any such remedy does not waive the right of Lender or Guarantor to the Reference pursuant to this SectionSection 6.7.

Appears in 3 contracts

Samples: Guaranty Agreement (BRE Select Hotels Corp), Guaranty Agreement (BRE Select Hotels Corp), Guaranty Agreement (BRE Select Hotels Corp)

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