Common use of Guarantor’s Rights and Defenses Clause in Contracts

Guarantor’s Rights and Defenses. Guarantor also waives any and all rights or defenses arising by reason of (i) any law that may prevent the Holder from bringing any action, including a claim for deficiency, against Guarantor, before or after the commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale, (ii) any election of remedies by the Holder which destroys or otherwise adversely affects Guarantor’s subrogation rights or Guarantor’s rights to proceed against the Purchaser or Éclat for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Obligations, (iii) any disability or other defense of the Purchaser and Éclat, of any other guarantor, or of any other Person, or by reason of the cessation of the Purchaser’s or Éclat’s liability from any cause whatsoever, other than payment in full of the Obligations, (iv) any statute of limitations, if at the time any action or other suit brought by the Holder against Guarantor is commenced there is outstanding Obligations which are not barred by any applicable statute of limitations, (v) any defenses given to guarantors at law or in equity other than actual payment and performance of the Obligations, or (vi) any act, omission, election or waiver by the Holder of the type set forth in this Guaranty.

Guarantor’s Rights and Defenses. Each Guarantor also waives any and all rights or defenses arising by reason of (i) any law that may prevent the Holder Guaranteed Parties from bringing any action, including a claim for deficiency, against any Guarantor, before or after the commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale, (ii) any election of remedies by the Holder Guaranteed Parties which destroys or otherwise adversely affects any Guarantor’s subrogation rights or any Guarantor’s rights to proceed against the Purchaser or Éclat Borrower for reimbursement, including without limitation, any loss of rights any Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Obligations, (iii) any disability or other defense of the Purchaser and ÉclatBorrower, of any other guarantor, or of any other Person, or by reason of the cessation of the Purchaser’s or ÉclatBorrower’s liability from any cause whatsoever, other than payment and performance in full of the Obligations, (iv) any statute of limitations, if at the time any action or other suit brought by the Holder Guaranteed Parties against any Guarantor is commenced there is are outstanding Obligations which are not barred by any applicable statute of limitations, or (v) any defenses given to guarantors at law or in equity other than actual payment and performance of the Obligations, or (vi) any act, omission, election or waiver by the Holder of the type set forth in this Guaranty.

Guarantor’s Rights and Defenses. Guarantor also waives any and all rights or defenses arising by reason of (i) any “one action” or “anti-deficiency” law that or any other law which may prevent the Holder Holders from bringing any action, including a claim for deficiency, against the Guarantor, before or after the commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale, ; (ii) any election of remedies by the Holder Holders which destroys or otherwise adversely affects the Guarantor’s subrogation rights or the Guarantor’s rights to proceed against the Purchaser or Éclat Company for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Obligations, ; (iii) any disability or other defense of the Purchaser and ÉclatCompany, of any other guarantor, or of any other Personperson, or by reason of the cessation of the Purchaser’s or ÉclatCompany’s liability from any cause whatsoever, other than payment in full in legal tender or by performance in full, of the Obligations, ; (iv) any statute of limitations, if at the time any action or other suit brought by the Holder Holders against the Guarantor is commenced there is outstanding Obligations which are not barred by any applicable statute of limitations, ; (v) any defenses given to guarantors at law or in equity other than actual payment and performance of the Obligations, ; or (vi) any act, omission, election or waiver by the Holder Holders of the type set forth in this Guaranty.

Guarantor’s Rights and Defenses. Guarantor also waives any and all rights or defenses arising by reason of (i) any “one action” or “anti-deficiency” law that or any other law which may prevent the Holder from bringing any action, including a claim for deficiency, against the Guarantor, before or after the commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale, ; (ii) any election of remedies by the Holder which destroys or otherwise adversely affects the Guarantor’s subrogation rights or the Guarantor’s rights to proceed against the Purchaser or Éclat Company for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Obligations, ; (iii) any disability or other defense of the Purchaser and ÉclatCompany, of any other guarantor, or of any other Personperson, or by reason of the cessation of the Purchaser’s or ÉclatCompany’s liability from any cause whatsoever, other than payment in full in legal tender or by performance in full, of the Obligations, ; (iv) any statute of limitations, if at the time any action or other suit brought by the Holder against the Guarantor is commenced there is outstanding Obligations which are not barred by any applicable statute of limitations, ; (v) any defenses given to guarantors at law or in equity other than actual payment and performance of the Obligations, ; or (vi) any act, omission, election or waiver by the Holder of the type set forth in this Guaranty.

Guarantor’s Rights and Defenses. Each Guarantor also waives any and all rights or defenses arising by reason of (i) any “one action” or “anti-deficiency” law that or any other law which may prevent the Holder from bringing any action, including a claim for deficiency, against such Guarantor, before or after the commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale, ; (ii) any election of remedies by the Holder which destroys or otherwise adversely affects such Guarantor’s subrogation rights or such Guarantor’s rights to proceed against the Purchaser or Éclat Company for reimbursement, including without limitation, any loss of rights the Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Obligations, ; (iii) any disability or other defense of the Purchaser and ÉclatCompany, of any other guarantor, or of any other Personperson, or by reason of the cessation of the Purchaser’s or ÉclatCompany’s liability from any cause whatsoever, other than payment in full in legal tender or by performance in full, of the Obligations, ; (iv) any statute of limitations, if at the time any action or other suit brought by the Holder against such Guarantor is commenced there is outstanding Obligations which are not barred by any applicable statute of limitations, ; (v) any defenses given to guarantors at law or in equity other than actual payment and performance of the Obligations, ; or (vi) any act, omission, election or waiver by the Holder of the type set forth in this Guaranty.

Guarantor’s Rights and Defenses. Each Guarantor also waives any and all rights or defenses arising by reason of (i) any “one action” or “anti-deficiency” law that or any other law which may prevent the Holder from bringing any action, including a claim for deficiency, against such Guarantor, before or after the commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale, ; (ii) any election of remedies by the Holder which destroys or otherwise adversely affects such Guarantor’s subrogation rights or such Guarantor’s rights to proceed against the Purchaser or Éclat Company for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting, qualifying, or discharging the Obligations, ; (iii) any disability or other defense of the Purchaser and ÉclatCompany, of any other guarantor, or of any other Personperson, or by reason of the cessation of the Purchaser’s or ÉclatCompany’s liability from any cause whatsoever, other than payment in full in legal tender or by performance in full, of the Obligations, ; (iv) any statute of limitations, if at the time any action or other suit brought by the Holder against such Guarantor is commenced there is outstanding Obligations which are not barred by any applicable statute of limitations, ; (v) any defenses given to guarantors at law or in equity other than actual payment and performance of the Obligations, ; or (vi) any act, omission, election or waiver by the Holder of the type set forth in this Guaranty.