Common use of Waiver of Subrogation and Certain Other Rights Clause in Contracts

Waiver of Subrogation and Certain Other Rights. Prior to the satisfaction in full of all Liabilities, Guarantor hereby waives and shall have no right of subrogation, reimbursement, exoneration, contribution or indemnity against Borrower or any other guarantor for any reason, including but not limited to, by reason of any payments made or acts performed by Guarantor in compliance with the obligations of Guarantor hereunder or any actions taken by Agent pursuant to this Guaranty or pursuant to the Loan Documents. Guarantor agrees that nothing contained in this Guaranty shall prevent Agent from suing to collect on the Liabilities or from exercising concurrently or successively any rights available to it at law and/or in equity or under any of the Loan Documents, and that the exercise of any of the aforesaid rights shall not constitute a legal or equitable discharge of Guarantor. Guarantor hereby authorizes and empowers Agent to exercise, in its sole discretion, any rights and remedies, or any combination thereof, which may then be available, since it is the intent and purpose of Guarantor that the obligations hereunder shall be absolute, independent and unconditional under any and all circumstances. Notwithstanding any foreclosure of the lien of any Collateral Document with respect to any or all of any real or personal property secured thereby, whether by the exercise of the power of sale contained therein, by an action for judicial foreclosure, or by the acceptance of a deed or possession of any other collateral in lieu of foreclosure, Guarantor shall remain bound under this Guaranty. Without limiting the generality of the foregoing, Guarantor specifically agrees that upon an Event of Default under and as defined in the Note Agreement, Agent may elect to nonjudicially or judicially foreclose against any real or personal property, including but not limited to its rights under any Pledge Agreement executed by Guarantor in favor of Agent.

Waiver of Subrogation and Certain Other Rights. Prior to the satisfaction in full of all LiabilitiesLiabilities (other than indemnification and other contingent Obligations, in each case not yet due and payable or in respect of which no assertion of liability and no claim or demand for payment has been made), Guarantor hereby waives and shall have no right of subrogation, reimbursement, exoneration, contribution or indemnity against any Borrower or any other guarantor for any reason, including but not limited to, by reason of any payments made or acts performed by Guarantor in compliance with the obligations of Guarantor hereunder or any actions taken by Agent pursuant to this Guaranty or pursuant to the Loan Documents. Guarantor agrees that nothing contained in this Guaranty shall prevent Agent from suing to collect on the Liabilities or from exercising concurrently or successively any rights available to it at law and/or in equity or under any of the Loan Documents, and that the exercise of any of the aforesaid rights shall not constitute a legal or equitable discharge of Guarantor. Guarantor hereby authorizes and empowers Agent to exercise, in its sole discretion, any rights and remedies, or any combination thereof, which may then be available, since it is the intent and purpose of Guarantor that the obligations hereunder shall be absolute, independent and unconditional under any and all circumstances. Notwithstanding any foreclosure of the lien of any Collateral Document deed of trust or security agreement with respect to any or all of any real or personal property secured thereby, whether by the exercise of the power of sale contained therein, by an action for judicial foreclosure, or by the acceptance of a deed or possession of any other collateral in lieu of foreclosure, Guarantor shall remain bound under this Guaranty. Without limiting the generality of the foregoing, : Guarantor specifically agrees that upon an Event of Default under and as defined in the Note Credit Agreement, Agent may elect to nonjudicially non-judicially or judicially foreclose against any real or personal property, including but not limited to its rights under any (i) that certain Pledge Agreement executed by Guarantor in favor of Agent, dated as of the date hereof and (ii) that certain Security Agreement executed by Guarantor in favor of Agent, dated as of the date hereof, subject to any deed of trust given by any Borrower to secure all or any part of the Liabilities, or exercise any other remedy against any Borrower, any security for the Liabilities or any other guarantor, even if the effect of that action is to deprive Guarantor of the right to collect reimbursement from the applicable third party for any sums paid to Agent hereunder.

Waiver of Subrogation and Certain Other Rights. Prior to the satisfaction in full of all LiabilitiesLiabilities (other than indemnification and other contingent Obligations, in each case not yet due and payable or in respect of which no assertion of liability and no claim or demand for payment has been made), each Guarantor hereby waives and shall have no right of subrogation, reimbursement, exoneration, contribution or indemnity against any Borrower or any other guarantor for any reason, including but not limited to, by reason of any payments made or acts performed by each Guarantor in compliance with the obligations of such Guarantor hereunder or any actions taken by Agent pursuant to this Guaranty or pursuant to the Loan Documents. Each Guarantor agrees that nothing contained in this Guaranty shall prevent Agent from suing to collect on the Liabilities or from exercising concurrently or successively any rights available to it at law and/or in equity or under any of the Loan Documents, and that the exercise of any of the aforesaid rights shall not constitute a legal or equitable discharge of GuarantorGuarantors. Each Guarantor hereby authorizes and empowers Agent to exercise, in its sole discretion, any rights and remedies, or any combination thereof, which may then be available, since it is the intent and purpose of each Guarantor that the obligations hereunder shall be absolute, independent and unconditional under any and all circumstances. Notwithstanding any foreclosure of the lien of any Collateral Document security agreement with respect to any or all of any real or personal property secured thereby, whether by the exercise of the power of sale contained therein, by an action for judicial foreclosure, or by the acceptance of a deed or possession of any other collateral in lieu of foreclosure, each Guarantor shall remain bound under this Guaranty. Without limiting the generality of the foregoing, : Each Guarantor specifically agrees that upon an Event of Default under and as defined in the Note Credit Agreement, Agent may elect to nonjudicially non-judicially or judicially foreclose against any real or personal property, including but not limited to its rights under any Pledge that certain Security Agreement executed by Guarantor the Guarantors in favor of Agent, dated as of the date hereof and any other document executed by a Guarantor as security for this Guaranty or exercise any other remedy against any Borrower, any security for the Liabilities or any other guarantor, even if the effect of that action is to deprive Guarantors of the right to collect reimbursement from the applicable third party for any sums paid to Agent hereunder.

Waiver of Subrogation and Certain Other Rights. Prior to the satisfaction in full of all LiabilitiesLiabilities (other than indemnification and other contingent Obligations, in each case not yet due and payable or in respect of which no assertion of liability and no claim or demand for payment has been made), Guarantor hereby waives and shall have no right of subrogation, reimbursement, exoneration, contribution or indemnity against Borrower or any other guarantor Company, for any reason, including but not limited to, to by reason of any payments made or acts performed by Guarantor in compliance with the obligations of Guarantor hereunder or any actions taken by Administrative Agent pursuant to this Guaranty or pursuant to the Loan Credit Documents. Guarantor agrees that nothing contained in this Guaranty shall prevent Administrative Agent from suing to collect on the Liabilities or from exercising exercising, or allowing Administrative Agent to exercise, concurrently or successively any rights available to it any of them at law and/or in equity or under any of the Loan Credit Documents, and that the exercise of any of the aforesaid rights shall not constitute a legal or equitable discharge of Guarantor. Guarantor hereby authorizes and empowers Administrative Agent to exercise, in its their sole discretion, any rights and remedies, or any combination thereof, which may then be available, since it is the intent and purpose of Guarantor that the obligations hereunder shall be absolute, independent and unconditional under any and all circumstances. [Healing Company] Guaranty Notwithstanding any foreclosure of the lien of any Collateral Document deed of trust or security agreement with respect to any or all of any real or personal property secured thereby, whether by the exercise of the power of sale contained therein, by an action for judicial foreclosure, or by the acceptance of a deed or possession of any other collateral in lieu of foreclosure, Guarantor shall remain bound under this Guaranty. Without limiting the generality of the foregoing, Guarantor Xxxxxxxxx specifically agrees that upon during the continuance of an Event of Default under and as defined in Default, Administrative Agent may, to the Note Agreementextent permitted by applicable law, Agent may elect to nonjudicially non-judicially or judicially foreclose against any real or personal propertyproperty pledged to it under and in accordance with the terms of the Credit Documents, including but not limited to its their rights under any (i) that certain Pledge Agreement executed by Guarantor in favor of Administrative Agent and (ii) that certain Security Agreement executed by Company in favor of Administrative Agent, or exercise any other remedy against Company or Guarantor, any security for the Liabilities or any other guarantor, even if the effect of that action is to deprive Guarantor of the right to collect reimbursement from the applicable third party for any sums paid to the Administrative Agent hereunder.