Common use of Waivers of Rights and Defenses Clause in Contracts

Waivers of Rights and Defenses. Each Borrower waives any right to require any Agent to (i) proceed against any particular Borrower, any particular Collateral, or in any particular order of realization, (ii) proceed against or exhaust any Collateral, or (iii) pursue any other right or remedy. Each Borrower agrees that the Agents may proceed against each or any Borrower with respect to the obligations of such Borrower under this Agreement and the other Credit Documents without taking any actions against any other Borrower and without proceeding against or exhausting any other Collateral. Each Borrower agrees that any Agent (on behalf of the Lenders) may unqualifiedly exercise (or refrain from exercising) in its sole discretion any or all rights and remedies available to it against any Borrower without impairing any Agent’s rights and remedies in enforcing the obligations of any Borrower under this Agreement or the other Credit Documents, under which every Borrower’s liabilities shall remain independent and unconditional. Each Borrower agrees and acknowledges that any Agent’s exercise of certain of such rights or remedies may affect or eliminate such Borrower’s right of subrogation or recovery (if any) against the other Borrower and that such Borrower may incur a partially or totally non-reimbursable liability in performing its obligations under the Credit Documents. Without limiting the generality of any other waivers in this Agreement, each Borrower expressly waives any statutory or other right that such Borrower might otherwise have to require the Administrative Agent to exhaust the Collateral held with respect to the other Borrower before any Agent may proceed against the Collateral owned by such Borrower.

Waivers of Rights and Defenses. Each Borrower waives any right to require any the Administrative Agent to (i) proceed against any particular BorrowerBorrowers, any particular Collateral, or in any particular order of realization, (ii) proceed against or exhaust any Collateral, or (iii) pursue any other right or remedy. Each Borrower agrees that the Agents Administrative Agent may proceed against each or any Borrower with respect to the obligations of such Borrower under this Credit Agreement and the other Credit Loan Documents without taking any actions against any other Borrower Borrower(s) and without proceeding against or exhausting any other Collateral. Each Borrower agrees that any the Administrative Agent (on behalf of the Lenders) may unqualifiedly exercise (or refrain from exercising) in its sole discretion any or all rights and remedies available to it against any Borrower without impairing any the Administrative Agent’s rights and remedies in enforcing the obligations of any Borrower under this Credit Agreement or the other Credit Loan Documents, under which every Borrower’s liabilities shall remain independent and unconditional. Each Borrower agrees and acknowledges that any the Administrative Agent’s exercise of certain of such rights or remedies may affect or eliminate such Borrower’s right of subrogation or recovery (if any) against any or all of the other Borrower Borrowers and that such Borrower may incur a partially or totally non-reimbursable liability in performing its obligations under the Credit Loan Documents. Without limiting the generality of any other waivers in this Credit Agreement, each Borrower expressly waives any statutory or other right that such Borrower might otherwise have to require the Administrative Agent to exhaust the Collateral held with respect to the other Borrower Loan Parties before any the Administrative Agent may proceed against the Collateral owned by such Borrower.

Waivers of Rights and Defenses. Each of each Borrower and Operating Lessee waives any right to require Administrative Agent or any Agent Lender to (i) proceed against either Borrower or Operating Lessee, or any particular Borrower, any particular Collateral, Collateral or in any particular order of realization, (ii) proceed against or exhaust any Collateral, or (iii) pursue any other right or remedy. Each of each Borrower and Operating Lessee agrees that the Agents Administrative Agent (on behalf of Lenders) may proceed against each either Borrower or any Borrower Operating Lessee with respect to the obligations of such Borrower under this Agreement and the other Credit Documents its Obligations without taking any actions against any the other Borrower party and without proceeding against or exhausting any other Collateral. Each of each Borrower and Operating Lessee agrees that any Administrative Agent (on behalf of the Lenders) may unqualifiedly exercise (or refrain from exercising) in its sole discretion any or all rights and remedies available to it against any either Borrower or Operating Lessee without impairing any Administrative Agent’s rights and remedies (on behalf of Lenders) in enforcing the obligations Obligations of any Borrower the other party under this Agreement or the other Credit Loan Documents, under as to which every BorrowerBorrowers’ and Operating Lessee’s liabilities shall remain independent and unconditional. Each of each Borrower and Operating Lessee agrees and acknowledges that any Administrative Agent’s exercise of certain of such rights or remedies may affect or eliminate such either Borrower’s or Operating Lessee’s right of subrogation or recovery (if any) against the other Borrower other, and that such Borrower Borrowers and Operating Lessee may incur a partially or totally non-reimbursable liability in performing its obligations under the Credit DocumentsObligations. Without limiting the generality of any other waivers in this Agreement, each of each Borrower and Operating Lessee expressly waives any statutory or other right that such Borrower or Operating Lessee might otherwise have to require the Administrative Agent to exhaust the Collateral held with respect to the other Borrower party before any Administrative Agent (on behalf of Lenders) may proceed against the Collateral owned by such Borrowerparty.

Waivers of Rights and Defenses. Each Borrower waives any right to require any Administrative Agent to (ia) proceed against any particular Borrower, Borrower(s) or any particular Collateral, Project(s) or other collateral or in any particular order of realization, (iib) proceed against or exhaust any CollateralProject(s) or other collateral, or (iiic) pursue any other right or remedy. Each Borrower agrees that the Agents Administrative Agent may proceed against each or any Borrower with respect to the obligations of such Borrower under this Agreement and the other Credit Loan Documents without taking any actions against any other Borrower Borrower(s) and without proceeding against or exhausting any Project(s) or other Collateralcollateral. Each Borrower agrees that any Administrative Agent (on behalf of the Lenders) may unqualifiedly exercise (or refrain from exercising) in its sole discretion any or all rights and remedies available to it against any Borrower without impairing any Administrative Agent’s rights and remedies in enforcing the obligations of any Borrower under this Agreement or the other Credit Loan Documents, under which every Borrower’s liabilities shall remain independent and unconditional. Each Borrower agrees and acknowledges that any Administrative Agent’s exercise of certain of such rights or remedies may affect or eliminate such Borrower’s right of subrogation or recovery (if any) against any or all of the other Borrower Borrowers and that such Borrower may incur a partially or totally non-reimbursable liability in performing its obligations under the Credit Loan Documents. Without limiting the generality of any other waivers in this Agreement, each Borrower expressly waives any statutory or other right that such Borrower might otherwise have to require the Administrative Agent to exhaust the Collateral collateral (or collateral held with respect to the other Borrower Borrower(s)) before any Administrative Agent may proceed against the Collateral collateral owned by such Borrower.