Common use of Enforcement, etc Clause in Contracts

Enforcement, etc. The Lender, in its sole and absolute discretion, may proceed to exercise or enforce any right, power, privilege, remedy or interest that the Lender may have under this Agreement, any other Loan Instrument or Applicable Law: (a) at law, in equity, in rem or in any other forum available under Applicable Law; (b) without notice except as otherwise expressly provided herein; (c) without pursuing, exhausting or otherwise exercising or enforcing any other right, power, privilege, remedy or interest that the Lender may have against or in respect of any Loan Party, the Collateral, any Surety, or any other co-obligor, guarantor, surety, pledgor, collateral or other Person or thing; and (d) without regard to any act or omission of the Lender or any other Person. The Lender may institute one or more proceedings (which may be separate proceedings) with respect to this Agreement and each of the other Loan Instruments in such order and at such times as the Lender may elect in its sole and absolute discretion. This Agreement and the other Loan Instruments may be enforced without possession of any Note or its production in any action, suit or proceeding. This Agreement and the other Loan Instruments may be enforced with respect to any Loan Party without the presence or participation of any Surety or any co-obligor (joint or several), guarantor, pledgor or surety, whether through lack of jurisdiction, venue or service or otherwise, and no Loan Party will raise, and each Loan Party hereby expressly waives, any objection or defense respecting the need for any such presence or participation.