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

Waivers of Subrogation and Other Rights. (a) Upon a default by Borrower, Lender in its sole discretion, without prior notice to or consent of Indemnitor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the Loan, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust the Loan or any part of it or make any other accommodation with Borrower or Indemnitor, or (iv) exercise any other remedy against Borrower or any security. No such action by Lender shall release or limit the liability of Indemnitor, each of whom shall remain liable under this Agreement after the action, even if the effect of the action is to deprive Indemnitor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Borrower for any sums paid to any Indemnified Party, whether contractual or arising by operation of law or otherwise. 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 any Indemnified Party or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the Loan.

Waivers of Subrogation and Other Rights. (ai) Upon a default by Borrowerany Event of Default, Lender in its sole discretion, without prior notice to or consent of IndemnitorPledgor, Secured Party or any Lender may elect to: (iA) foreclose either judicially or nonjudicially against any real or personal property security it may hold Collateral for the LoanObligations, (iiB) accept a transfer of any such security Collateral for the Obligations in lieu of foreclosure, (iiiC) compromise or adjust the Loan Obligations or any part of it thereof or make any other accommodation with Borrower any Guarantor or Indemnitorany Person, or (ivD) exercise any other remedy against Borrower any Guarantor or any securityCollateral for the Obligations. No such action by Secured Party or any Lender shall release or limit Secured Party's or the liability of Indemnitor, each of whom shall remain liable under this Agreement after the actionLenders' rights hereunder, even if the effect of the action is to deprive Indemnitor Pledgor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Borrower any Guarantor or any other Person for any sums paid to any Indemnified PartySecured Party or such Lender, whether contractual or arising by operation of law or otherwise. Indemnitor Pledgor 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 any Indemnified Secured Party or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the LoanObligations.

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

Waivers of Subrogation and Other Rights. (a) Upon a If any default by Borrowerthe Guarantor under this Agreement shall have occurred and be continuing, but at all times subject to the Priority Agreement, the Lender Parties, in its their sole discretion, without with prior notice to or consent of Indemnitorthe Guarantor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold held for the LoanGuaranteed Obligations, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust any of the Loan Guaranteed Obligations or any part of it any Guaranteed Obligation or make any other accommodation with Borrower guarantor or Indemnitor, surety of any of the Guaranteed Obligations or (iv) exercise any other remedy against Borrower the Guarantor or any security. No Subject to the Priority Agreement, no such action by a Lender Party shall release or limit the liability of Indemnitorthe Guarantor, each of whom who shall remain liable under this Agreement after the action, even if the effect of the action is to deprive Indemnitor the Guarantor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from the Borrower or any Principal Subsidiary for any sums paid to any Indemnified Partyof the Lender Parties, whether contractual or arising by operation of law Applicable Law or otherwise. Indemnitor Subject to the Priority Agreement, the 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 any Indemnified Party of the Lender Parties or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the LoanGuaranteed Obligations.

Waivers of Subrogation and Other Rights. (a) Upon a default by BorrowerTrustor, Lender Beneficiary in its sole discretion, without prior notice to or consent of IndemnitorAdditional Trustor, may elect to: (i) foreclose either judicially or nonjudicially against any real or personal property security it may hold for the LoanLoan Documents, (ii) accept a transfer of any such security in lieu of foreclosure, (iii) compromise or adjust the obligations under the Loan Documents or any part of it thereof or make any other accommodation with Borrower Trustor or IndemnitorAdditional Trustor, or (iv) exercise any other remedy against Borrower Trustor or any security. No such action by Lender Beneficiary shall release or limit the liability of IndemnitorAdditional Trustor, each of whom who shall remain liable under this Agreement Deed of Trust after the action, even if the effect of the action is to deprive Indemnitor Additional Trustor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Borrower Trustor for any sums paid to any Indemnified PartyBeneficiary, whether contractual or arising by operation of law or otherwise. Indemnitor Additional 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 any Indemnified Party Beneficiary or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the LoanLoan Documents.

Waivers of Subrogation and Other Rights. (ai) Upon a default by Borrowerany Event of Default, Lender in its sole discretion, without prior notice to or consent of IndemnitorDebtor, Secured Party or any Bank may elect to: (iA) foreclose either judicially or nonjudicially against any real or personal property security it may hold Collateral for the LoanObligations, (iiB) accept a transfer of any such security Collateral for the Obligations in lieu of foreclosure, (iiiC) subject to the Credit Agreement, compromise or adjust the Loan Obligations or any part of it thereof or make any other accommodation with Borrower Company or Indemnitorany Person, or (ivD) exercise any other remedy against Borrower Company or any securityCollateral for the Obligations. No such action by Lender Secured Party or any Bank shall release or limit Secured Party's or the liability of Indemnitor, each of whom shall remain liable Banks' rights hereunder or under this Agreement after the actionother Loan Documents, even if the effect of the action is to deprive Indemnitor Debtor of any subrogation rights, rights of indemnity, or other rights to collect reimbursement from Borrower Company or any other Person for any sums paid to any Indemnified PartySecured Party or such Bank, whether contractual or arising by operation of law or otherwise. Indemnitor Debtor 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 any Indemnified Secured Party or any third party after any foreclosure or transfer in lieu of foreclosure of any security for the LoanObligations.