Enforcement Only by Administrative Agent. The Creditors agree that this Guaranty may be enforced only by the action of the Administrative Agent, acting upon the instructions of the Required Lenders, and that no Creditor shall have any right individually to seek to enforce or to enforce this Guaranty, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent, for the benefit of the Creditors, upon the terms of this Guaranty.
Appears in 9 contracts
Samples: Guaranty (Purple Innovation, Inc.), Subsidiary Guaranty (Kona Grill Inc), Guaranty (Preferred Apartment Communities Inc)
Enforcement Only by Administrative Agent. The Creditors agree that this Guaranty may be enforced only by the action of the Administrative Agent, acting upon the instructions of the Required Lenders, and that no Creditor shall have any right individually to seek to enforce or to enforce this Guaranty, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent, for the benefit of the Creditors, upon the terms of this Guaranty. The Administrative Agent and the other Creditors further agree that this Guaranty may not be enforced against any director, officer or employee of any Guarantor, as such.
Appears in 5 contracts
Samples: Pledge and Security Agreement (American Dental Partners Inc), Credit Agreement (American Dental Partners Inc), Subsidiary Guaranty (Memc Electronic Materials Inc)
Enforcement Only by Administrative Agent. The Creditors creditors agree that this Guaranty guaranty may be enforced only by the action of the Administrative Agentadministrative agent, acting upon the instructions of the Required Lendersrequired lenders, and that no Creditor creditor shall have any right individually to seek to enforce or to enforce this Guarantyguaranty, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agentadministrative agent, for the benefit of the Creditorscreditors, upon the terms of this Guarantyguaranty.
Appears in 1 contract
Samples: Credit Agreement (Preferred Apartment Communities Inc)
Enforcement Only by Administrative Agent. The Creditors agree that this Guaranty may be enforced only by the action of the Administrative Agent, acting upon the instructions of the Required Lenders, and that no Creditor shall have any right individually to seek to enforce or to enforce this Guaranty, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent, for the benefit of the Creditors, upon the terms of this Guaranty.this
Appears in 1 contract
Samples: Alterra Healthcare Corp