Common use of Waivers of Subrogation and Other Rights Clause in Contracts

Waivers of Subrogation and Other Rights. (a) During the existence of an Event of Default by Borrower, Agent or any Lender, without prior notice to or consent of Guarantor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the Indebtedness, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust the Indebtedness or any part of it or make any other accommodation with Borrower or Guarantor, or (iv) exercise any other remedy against Borrower or any security. No such action by Agent or any Lender shall release or limit the liability of Guarantor, who shall remain liable under this Guaranty after the action, even if the effect of the action is to deprive Guarantor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Borrower for any sums paid to Agent or any Lender, whether contractual or arising by operation of law or otherwise. Guarantor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Agent or any Lender or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the Indebtedness.

Waivers of Subrogation and Other Rights. (a) During Upon a default by the existence of an Event of Default by Borrower, Agent or any LenderLender in its sole discretion, without prior notice to or consent of Guarantor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the IndebtednessLoan, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust the Indebtedness Loan or any part of it or make any other accommodation with the Borrower or Guarantor, or (iv) exercise any other remedy against the Borrower or any security. No such action by Agent or any Lender shall release or limit the liability of Guarantor, who shall remain liable under this Guaranty after the action, even if the effect of the action is to deprive Guarantor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from the Borrower for any sums paid to Agent or any Lender, whether contractual or arising by operation of law or otherwise. Guarantor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Agent or any Lender or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the IndebtednessLoan.

Waivers of Subrogation and Other Rights. (a) During the existence of an Event of Default by BorrowerBorrowers, Administrative Agent or any Lender, without prior notice to or consent of any Guarantor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the Indebtedness, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust the Indebtedness or any part of it or make any other accommodation with Borrower Borrowers or GuarantorGuarantors, or (iv) exercise any other remedy against Borrower Borrowers or any security. No such action by Administrative Agent or any Lender shall release or limit the liability of GuarantorGuarantors, who shall remain liable under this Guaranty after the action, even if the effect of the action is to deprive Guarantor Guarantors of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Borrower Borrowers for any sums paid to Administrative Agent or any Lender, whether contractual or arising by operation of law or otherwise. Each Guarantor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Administrative Agent or any Lender or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the Indebtedness.

Waivers of Subrogation and Other Rights. (a) During the existence of an Event of Default by Borrower, Administrative Agent or any Lender, without prior notice to or consent of Guarantor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the Indebtedness, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust the Indebtedness or any part of it or make any other accommodation with Borrower or Guarantor, or (iv) exercise any other remedy against Borrower or any security. No such action by Administrative Agent or any Lender shall release or limit the liability of Guarantor, who shall remain liable under this Guaranty after the action, even if the effect of the action is to deprive Guarantor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Borrower for any sums paid to Administrative Agent or any Lender, whether contractual or arising by operation of law or otherwise. Guarantor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Administrative Agent or any Lender or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the Indebtedness.

Waivers of Subrogation and Other Rights. (a) During the existence of an any Credit Agreement Event of Default by BorrowerDefault, Agent or any Lender, without prior notice to or consent of Guarantor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the Guarantied Indebtedness, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust the Guarantied Indebtedness or any part of it or make any other accommodation with Borrower Acquisition Sub or Guarantor, or (iv) exercise any other remedy against Borrower Acquisition Sub or any security. No such action by Agent or any Lender shall release or limit the liability of Guarantor, who shall remain liable under this Guaranty after the action, even if the effect of the action is to deprive Guarantor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Borrower Acquisition Sub for any sums paid to Agent or any Lender, whether contractual or arising by operation of law or otherwise. Guarantor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Agent or any Lender or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the Guarantied Indebtedness.

Waivers of Subrogation and Other Rights. (a) During the existence of an Event of Default by BorrowerCompany, Agent or any Lender, without prior notice to or consent of Guarantor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the Indebtedness, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust the Indebtedness or any part of it or make any other accommodation with Borrower Company or Guarantor, or (iv) exercise any other remedy against Borrower Company or any security. No such action by Agent or any Lender shall release or limit the liability of Guarantor, who shall remain liable under this Guaranty after the action, even if the effect of the action is to deprive Guarantor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Borrower Company for any sums paid to Agent or any Lender, whether contractual or arising by operation of law or otherwise. Guarantor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Agent or any Lender or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the Indebtedness.

Waivers of Subrogation and Other Rights. (ai) During Upon the existence occurrence of an Event of Default by BorrowerActionable Default, Agent or any LenderBeneficiary in its sole discretion, without prior notice (other than any notices expressly required to be given under this Deed of Trust or any other Finance Document) to or consent of GuarantorTrustor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the IndebtednessFinance Documents, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust the Indebtedness Finance Documents or any part of it them or make any other accommodation with Borrower the Issuer or GuarantorTrustor, or (iv) exercise any other remedy against Borrower Issuers or any security. No such action by Agent or any Lender Beneficiary shall release or limit the liability of GuarantorTrustor, who shall remain liable under this Guaranty Deed of Trust after the action, even if the effect of the action is to deprive Guarantor Trustor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Borrower the Issuer for any sums paid to Agent or any LenderBeneficiary, whether contractual or arising by operation of law or otherwise. Guarantor Trustor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Agent or any Lender Beneficiary or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the IndebtednessFinance Documents.

Waivers of Subrogation and Other Rights. (a) During Upon the existence occurrence and during the continuance of an Event of a Default by Nutfield Borrower, Administrative Agent or any Lenderand Lenders in their sole discretion, without prior notice to or consent of GuarantorIndemnitor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the IndebtednessLoan, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust the Indebtedness Loan or any part of it or make any other accommodation with Nutfield Borrower or GuarantorIndemnitor, or (iv) exercise any other remedy against Nutfield Borrower or any security. No such action by Administrative Agent or any Lender and/or Lenders shall release or limit the liability of GuarantorIndemnitor, who each of whom shall remain liable under this Guaranty Agreement after the action, even if the effect of the action is to deprive Guarantor Indemnitor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Nutfield Borrower for any sums paid to Agent or any LenderIndemnified Party, whether contractual or arising by operation of law or otherwise. Guarantor Indemnitor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Agent or any Lender Indemnified Party or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the IndebtednessLoan.

Waivers of Subrogation and Other Rights. (a) During the existence of an Event of Default by BorrowerDefault, Agent or any LenderLender in its sole discretion, without prior notice to or consent of GuarantorIndemnitor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the IndebtednessFacility, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust the Indebtedness Facility or any part of it or make any other accommodation with Borrower Company or GuarantorIndemnitor, or (iv) exercise any other remedy against Borrower Company or any security. No such action by Agent or any Lender shall release or limit the liability of GuarantorIndemnitor, who shall remain liable under this Guaranty Agreement after the action, even if the effect of the action is to deprive Guarantor Indemnitor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Borrower Company for any sums paid to Agent or any Lender, whether contractual or arising by operation of law or otherwise. Guarantor Indemnitor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Agent or any Lender or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the IndebtednessFacility.

Waivers of Subrogation and Other Rights. (a) During Upon a default by the existence of an Event of Default by Borrower, Agent or any Lenderthe Guaranteed Parties, in their sole discretion, without prior notice to or consent of the Guarantor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the IndebtednessGuaranteed Obligations, (ii) accept a transfer of any such security in lieu lien of foreclosure, (iii) compromise or adjust the Indebtedness Guaranteed Obligations or any part of it thereof or make any other accommodation with the Borrower or the Guarantor, or (iv) exercise any other remedy against Borrower the Borrower, the Guarantor or any security. No such action by Agent or any Lender the Guaranteed Parties shall release or limit the liability of the Guarantor, who shall remain liable under this Guaranty after the action, even if the effect of the action is to deprive the Guarantor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from the Borrower or the Guarantor for any sums paid to Agent or any Lenderthe Guaranteed Parties, whether contractual or arising by operation of law or otherwise. Each Guarantor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Agent or any Lender the Guaranteed Parties or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the IndebtednessGuaranteed Obligations.

Waivers of Subrogation and Other Rights. (a) During the existence of an Event of Default Upon a default by Borrower, Agent or any Lenderthe Guaranteed Parties, in their sole discretion, without prior notice to or consent of Guarantorthe Guarantors, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the IndebtednessGuaranteed Obligations, (ii) accept a transfer of any such security in lieu lien of foreclosure, (iii) compromise or adjust the Indebtedness Guaranteed Obligations or any part of it thereof or make any other accommodation with Borrower or any Guarantor, or (iv) exercise any other remedy against Borrower Borrower, any Guarantor or any security. No such action by Agent or any Lender the Guaranteed Parties shall release or limit the liability of Guarantorthe Guarantors, who shall remain liable under this Guaranty after the action, even if the effect of the action is to deprive Guarantor the Guarantors of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Borrower or any Guarantor for any sums paid to Agent or any Lenderthe Guaranteed Parties, whether contractual or arising by operation of law or otherwise. Each Guarantor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Agent or any Lender the Guaranteed Parties or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the IndebtednessGuaranteed Obligations.

Waivers of Subrogation and Other Rights. (a) During the existence of an Event of Default by Borrower, Agent or any Lender, without prior notice to or consent of Guarantor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the Indebtedness, (ii) accept a transfer of any such security in lieu of 4 5 foreclosure, (iii) compromise or adjust the Indebtedness or any part of it or make any other accommodation with Borrower or Guarantor, or (iv) exercise any other remedy against Borrower or any security. No such action by Agent or any Lender shall release or limit the liability of Guarantor, who shall remain liable under this Guaranty after the action, even if the effect of the action is to deprive Guarantor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Borrower for any sums paid to Agent or any Lender, whether contractual or arising by operation of law or otherwise. Guarantor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Agent or any Lender or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the Indebtedness.

Waivers of Subrogation and Other Rights. (a) During the existence of an Event of Default Upon a default by Borrower, Agent or any LenderBank in its sole discretion, without prior notice to or consent of GuarantorIndemnitor, may elect toto do any one or more of the following: (i) W foreclose either judicially or nonjudicially against any real or personal property security it may hold for the IndebtednessLoan, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust the Indebtedness Loan or any part of it or make any other accommodation with Borrower or Guarantorone or more Indemnitor, or and/or (iv) exercise any other remedy against Borrower or any security. No such action by Agent or any Lender Bank shall release or limit the liability of GuarantorIndemnitor, who shall remain liable under this Guaranty Agreement after the action, even if the effect of the action is to deprive Guarantor one or more Indemnitor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Borrower for any sums paid to Agent or any LenderBank, whether contractual or arising by operation of law or otherwise. Guarantor Indemnitor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Agent or any Lender Bank or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the IndebtednessLoan.

Waivers of Subrogation and Other Rights. (a) During Upon the existence occurrence and during the continuance of an Event of a Default by Xxxxx B Borrower, Administrative Agent or any Lenderand Lenders in their sole discretion, without prior notice to or consent of GuarantorIndemnitor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the IndebtednessLoan, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust the Indebtedness Loan or any part of it or make any other accommodation with Xxxxx B Borrower or GuarantorIndemnitor, or (iv) exercise any other remedy against Xxxxx B Borrower or any security. No such action by Administrative Agent or any Lender and/or Lenders shall release or limit the liability of GuarantorIndemnitor, who each of whom shall remain liable under this Guaranty Agreement after the action, even if the effect of the action is to deprive Guarantor Indemnitor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Xxxxx B Borrower for any sums paid to Agent or any LenderIndemnified Party, whether contractual or arising by operation of law or otherwise. Guarantor Indemnitor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Agent or any Lender Indemnified Party or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the IndebtednessLoan.

Waivers of Subrogation and Other Rights. (a) During Upon the existence occurrence and during the continuance of an Event of a Default by 5995 Plaza Borrower, Administrative Agent or any Lenderand Lenders in their sole discretion, without prior notice to or consent of GuarantorIndemnitor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the IndebtednessLoan, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust the Indebtedness Loan or any part of it or make any other accommodation with 5995 Plaza Borrower or GuarantorIndemnitor, or (iv) exercise any other remedy against 5995 Plaza Borrower or any security. No such action by Administrative Agent or any Lender and/or Lenders shall release or limit the liability of GuarantorIndemnitor, who each of whom shall remain liable under this Guaranty Agreement after the action, even if the effect of the action is to deprive Guarantor Indemnitor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from 5995 Plaza Borrower for any sums paid to Agent or any LenderIndemnified Party, whether contractual or arising by operation of law or otherwise. Guarantor Indemnitor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Agent or any Lender Indemnified Party or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the IndebtednessLoan.

Waivers of Subrogation and Other Rights. (a) During Upon the existence occurrence and during the continuance of an Event of a Default by Cirrus Borrower, Administrative Agent or any Lenderand Lenders in their sole discretion, without prior notice to or consent of GuarantorIndemnitor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the IndebtednessLoan, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust the Indebtedness Loan or any part of it or make any other accommodation with Cirrus Borrower or GuarantorIndemnitor, or (iv) exercise any other remedy against Cirrus Borrower or any security. No such action by Administrative Agent or any Lender and/or Lenders shall release or limit the liability of GuarantorIndemnitor, who each of whom shall remain liable under this Guaranty Agreement after the action, even if the effect of the action is to deprive Guarantor Indemnitor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Cirrus Borrower for any sums paid to Agent or any LenderIndemnified Party, whether contractual or arising by operation of law or otherwise. Guarantor Indemnitor expressly agrees that under no circumstances shall it be deemed to have any right, title, interest or claim in or to any real or personal property to be held by Agent or any Lender Indemnified Party or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the IndebtednessLoan.