Common use of No Contest Clause in Contracts

No Contest. FHA Lender agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to AR Lender with respect to the AR Lender Priority Collateral provided that, nothing in this Section 2.4(a) shall prevent FHA Lender from taking all appropriate steps to protect and preserve its priority in the circumstances contemplated in Section 2.1(b). FHA Lender further agrees that, subject to Section 2.1(b), AR Lender’s lien and security interest in the AR Lender Priority Collateral shall at all times, while any indebtedness or obligations under the AR Loan Documents are owing from Hospital to AR Lender, be superior and prior to the liens and security interests granted to the FHA Lender in such AR Lender Priority Collateral, irrespective of the time, order or method of attachment or perfection of AR Lender’s and the FHA Xxxxxx’s liens and security interests, or the filing of financing statements, or the taking of possession of the FHA Lender’s Priority Collateral, or any portion thereof. AR Lender agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to FHA Lender with respect to the FHA Lender’s Priority Collateral; provided that, nothing in this Section 2.4(b) shall prevent AR Lender from taking all appropriate steps to protect and preserve its priority in the circumstances contemplated in Section 2.2(b). AR Lender further agrees that FHA Xxxxxx’s lien and security interest in the FHA Lender’s Priority Collateral shall at all times while any indebtedness or obligations under the FHA-Insured Loan Documents are owing from the Hospital to the FHA Lender, be superior and prior to the liens and security interests granted to AR Lender in such FHA Lender’s Priority Collateral, irrespective of the time, order or method of attachment or perfection of the FHA Lender’s liens and security interests, or the filing of financing statements or the taking of possession of the AR Lender Priority Collateral, or any portion thereof.

No Contest. FHA Lender agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to AR Lender with respect to the AR Lender Priority Collateral provided that, nothing in this Section 2.4(a) shall prevent FHA Lender from taking all appropriate steps to protect and preserve its priority in the circumstances contemplated in Section 2.1(b). FHA Lender further agrees that, subject to Section 2.1(b), AR LenderXxxxxx’s lien and security interest in the AR Lender Priority Collateral shall at all times, while any indebtedness or obligations under the AR Loan Documents Obligations are owing from Hospital Operator to AR Lender, be superior and prior to the liens and security interests granted to the FHA Lender in such AR Lender Priority Collateral, irrespective of the time, order or method of attachment or perfection of AR Lender’s and the FHA XxxxxxLender’s liens and security interests, or the filing of financing statements, or the taking of possession of the FHA Lender’s Priority Collateral, or any portion thereof. AR Lender agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to FHA Lender with respect to the FHA Lender’s Priority Collateral; provided that, nothing in this Section 2.4(b) shall prevent AR Lender from taking all appropriate steps to protect and preserve its priority in the circumstances contemplated in Section 2.2(b). AR Lender further agrees that FHA Xxxxxx’s lien and security interest in the FHA Lender’s Priority Collateral shall at all times while any indebtedness or obligations under the FHA-Insured Loan Documents are owing from the Hospital Owner to the FHA Lender, be superior and prior to the liens and security interests granted to AR Lender in such FHA Lender’s Priority Collateral, irrespective of the time, order or method of attachment or perfection of the FHA LenderXxxxxx’s liens and security interests, or the filing of financing statements or the taking of possession of the AR Lender Priority Collateral, or any portion thereof.

No Contest. FHA Lender agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to AR Lender with respect to the AR Lender Priority Collateral provided that, nothing in this Section 2.4(a) shall prevent FHA Lender from taking all appropriate steps to protect and preserve its priority in the circumstances contemplated in Section 2.1(b). FHA Lender further agrees that, subject to Section 2.1(b), AR LenderXxxxxx’s lien and security interest in the AR Lender Priority Collateral shall at all times, while any indebtedness or obligations under the AR Loan Documents Obligations are owing from Hospital Operator to AR Lender, be superior and prior to the liens and security interests granted to the FHA Lender in such AR Lender Priority Collateral, irrespective of the time, order or method of attachment or perfection of AR Lender’s and the FHA XxxxxxLender’s liens and security interests, or the filing of financing statements, or the taking of possession of the FHA Lender’s Priority Collateral, or any portion thereof. AR Lender agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to FHA Lender with respect to the FHA Lender’s Priority Collateral; provided that, nothing in this Section 2.4(b) shall prevent AR Lender from taking all appropriate steps to protect and preserve its priority in the circumstances contemplated in Section 2.2(b). AR Lender further agrees that FHA Xxxxxx’s lien and security interest in the FHA Lender’s Priority Collateral shall at all times while any indebtedness or obligations under the FHA-Insured Loan Documents are owing from the Hospital Owner to the FHA Lender, be superior and prior to the liens and security interests granted to AR Lender in such FHA Lender’s Priority Collateral, irrespective of the time, order or method of attachment or perfection of the FHA LenderXxxxxx’s liens and security interests, or the filing of financing statements or the taking of possession of the AR Lender Priority Collateral, or any portion thereof. AR Lender waives, in respect of FHA Lender, any and all rights under any theory of marshalling or ordering of the disposition of collateral and accordingly, AR Lender agrees that FHA Lender may (i) proceed directly against any collateral in which FHA Lender has a lien or security interest (subject to the terms of this Agreement) and/or any guarantor of the FHA-Insured Loan Obligations in any particular order and (ii) release, surrender, substitute or exchange any collateral and/or any guarantor at any time without affecting the agreements set forth in this Agreement. FHA Lender waives, in respect of AR Lender, any and all rights under any theory of marshalling or ordering of the disposition of collateral and accordingly, FHA Lender agrees that AR Lender may (A) proceed directly against any collateral in which AR Lender has a lien or security interest (subject to the terms of this Agreement) and/or any guarantor of the AR Loan Obligations in any particular order and (B) release, surrender, substitute or exchange any collateral and/or any guarantor at any time without affecting the agreements set forth in this Agreement.

No Contest. FHA Lender agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to AR Lender with respect to the AR Lender Priority Collateral provided that, nothing in this Section 2.4(a) shall prevent FHA Lender from taking all appropriate steps to protect and preserve its priority in the circumstances contemplated in Section 2.1(b). FHA Lender further agrees that, subject to Section 2.1(b), AR LenderXxxxxx’s lien and security interest in the AR Lender Priority Collateral shall at all times, while any indebtedness or obligations under the AR Loan Documents Obligations are owing from Hospital Operator to AR Lender, be superior and prior to the liens and security interests granted to the FHA Lender in such AR Lender Priority Collateral, irrespective of the time, order or method of attachment or perfection of AR Lender’s and the FHA XxxxxxLender’s liens and security interests, or the filing of financing statements, or the taking of possession of the FHA Lender’s Lender Priority Collateral, or any portion thereof. AR Lender agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to FHA Lender with respect to the FHA Lender’s Lender Priority Collateral; provided that, nothing in this Section 2.4(b) shall prevent AR Lender from taking all appropriate steps to protect and preserve its priority in the circumstances contemplated in Section 2.2(b). AR Lender further agrees that FHA Xxxxxx’s lien and security interest in the FHA Lender’s Lender Priority Collateral shall at all times while any indebtedness or obligations under the FHA-Insured Loan Documents are owing from the Hospital Owner to the FHA Lender, be superior and prior to the liens and security interests granted to AR Lender in such FHA Lender’s Lender Priority Collateral, irrespective of the time, order or method of attachment or perfection of the FHA Lender’s liens and security interests, or the filing of financing statements or the taking of possession of the AR Lender Priority Collateral, or any portion thereof. AR Lender waives, in respect of FHA Lender, any and all rights under any theory of marshalling or ordering of the disposition of collateral and accordingly, AR Lender agrees that FHA Lender may (i) proceed directly against any collateral in which FHA Lender has a lien or security interest (subject to the terms of this Agreement) and/or any guarantor of the FHA-Insured Loan Obligations in any particular order and (ii) release, surrender, substitute or exchange any collateral and/or any guarantor at any time without affecting the agreements set forth in this Agreement. FHA Lender waives, in respect of AR Lender, any and all rights under any theory of marshalling or ordering of the disposition of collateral and accordingly, FHA Lender agrees that AR Lender may (A) proceed directly against any collateral in which AR Lender has a lien or security interest (subject to the terms of this Agreement) and/or any guarantor of the AR Loan Obligations in any particular order and (B) release, surrender, substitute or exchange any collateral and/or any guarantor at any time without affecting the agreements set forth in this Agreement.

No Contest. 372 (a) FHA Lender Xxxxxx agrees that it will not make any assertion or claim in any 373 action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity 374 or effectiveness of the liens and security interests granted to AR Lender with respect to the AR 375 Lender Priority Collateral provided that, nothing in this Section 2.4(a) shall prevent FHA Lender 376 from taking all appropriate steps to protect and preserve its priority in the circumstances 377 contemplated in Section 2.1(b). FHA Lender Xxxxxx further agrees that, subject to Section 2.1(b), AR Lender378 Xxxxxx’s lien and security interest in the AR Lender Priority Collateral shall at all times, while 379 any indebtedness or obligations under the AR Loan Documents DocumentsObligations are owing from Hospital 380 Operator to AR Lender, be superior and prior to the liens and security interests granted to the 381 FHA Lender in such AR Lender Priority Collateral, irrespective of the time, order or method of 382 attachment or perfection of AR Lender’s and the FHA Xxxxxx’s liens and security interests, or 383 the filing of financing statements, or the taking of possession of the FHA LenderXxxxxx’s Priority 384 Collateral, or any portion thereof. 385 (b) AR Lender Xxxxxx agrees that it will not make any assertion or claim in any 386 action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity 387 or effectiveness of the liens and security interests granted to FHA Lender with respect to the 388 FHA Lender’s Priority Collateral; provided that, nothing in this Section 2.4(b) shall prevent AR 389 Lender from taking all appropriate steps to protect and preserve its priority in the circumstances 390 contemplated in Section 2.2(b). AR Lender Xxxxxx further agrees that FHA Xxxxxx’s lien and security 391 interest in the FHA Lender’s Priority Collateral shall at all times while any indebtedness or 392 obligations under the FHA-Insured Loan Documents are owing from the Hospital Owner to the FHA 393 Lender, be superior and prior to the liens and security interests granted to AR Lender in such 394 FHA Lender’s Priority Collateral, irrespective of the time, order or method of attachment or 395 perfection of the FHA LenderXxxxxx’s liens and security interests, or the filing of financing statements 396 or the taking of possession of the AR Lender Priority Collateral, or any portion thereof. 397 (c) AR Lender waives, in respect of FHA Lender, any and all rights under any 398 theory of marshalling or ordering of the disposition of collateral and accordingly, AR Lender 399 agrees that FHA Lender may (i) proceed directly against any collateral in which FHA Lender has 400 a lien or security interest (subject to the terms of this Agreement) and/or any guarantor of the 401 FHA-Insured Loan Obligations in any particular order and (ii) release, surrender, substitute or 402 exchange any collateral and/or any guarantor at any time without affecting the agreements set 403 forth in this Agreement. FHA Lender waives, in respect of AR Lender, any and all rights under 404 any theory of marshalling or ordering of the disposition of collateral and accordingly, FHA 405 Xxxxxx agrees that AR Lender may (A) proceed directly against any collateral in which AR 406 Lender has a lien or security interest (subject to the terms of this Agreement) and/or any 407 guarantor of the AR Loan Obligations in any particular order and (B) release, surrender, 408 substitute or exchange any collateral and/or any guarantor at any time without affecting the 409 agreements set forth in this Agreement.

No Contest. FHA Lender agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to AR Lender with respect to the AR Lender Priority Collateral provided that, nothing in this Section 2.4(a) shall prevent FHA Lender from taking all appropriate steps to protect and preserve its priority in the circumstances contemplated in Section 2.1(b). FHA Lender further agrees that, subject to Section 2.1(b2.2(b), AR Lender’s lien and security interest in the AR Lender Priority Collateral shall at all times, while any indebtedness or obligations under the AR Loan Documents are owing from Hospital Operator to AR Lender, be superior and prior to the liens and security interests granted to the FHA Lender in such AR Lender Priority Collateral, irrespective of the time, order or method of attachment or perfection of AR Lender’s and the FHA Xxxxxx’s liens and security interests, or the filing of financing statements, or the taking of possession of the FHA Lender’s Priority Collateral, or any portion thereof. AR Lender agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to FHA Lender with respect to the FHA Lender’s Priority Collateral; provided that, nothing in this Section 2.4(b) shall prevent AR Lender from taking all appropriate steps to protect and preserve its priority in the circumstances contemplated in Section 2.2(b). AR Lender further agrees that FHA Xxxxxx’s lien and security interest in the FHA Lender’s Priority Collateral shall at all times while any indebtedness or obligations under the FHA-Insured Loan Documents are owing from the Hospital Owner to the FHA Lender, be superior and prior to the liens and security interests granted to AR Lender in such FHA Lender’s Priority Collateral, irrespective of the time, order or method of attachment or perfection of the FHA LenderXxxxxx’s liens and security interests, or the filing of financing statements or the taking of possession of the AR Lender Priority Collateral, or any portion thereof.

No Contest. FHA Lender agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to AR Lender with respect to the AR Lender Priority Collateral provided that, nothing in this Section 2.4(a) shall prevent FHA Lender from taking all appropriate steps to protect and preserve its priority in the circumstances contemplated in Section 2.1(b). FHA Lender further agrees that, subject to Section 2.1(b), AR Lender’s lien and security interest in the AR Lender Priority Collateral shall at all times, while any indebtedness or obligations under the AR Loan Documents are owing from Hospital Operator to AR Lender, be superior and prior to the liens and security interests granted to the FHA Lender in such AR Lender Priority Collateral, irrespective of the time, order or method of attachment or perfection of AR Lender’s and the FHA Xxxxxx’s liens and security interests, or the filing of financing statements, or the taking of possession of the FHA Lender’s Priority Collateral, or any portion thereof. AR Lender agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to FHA Lender with respect to the FHA Lender’s Priority Collateral; provided that, nothing in this Section 2.4(b) shall prevent AR Lender from taking all appropriate steps to protect and preserve its priority in the circumstances contemplated in Section 2.2(b). AR Lender further agrees that FHA Xxxxxx’s lien and security interest in the FHA Lender’s Priority Collateral shall at all times while any indebtedness or obligations under the FHA-Insured Loan Documents are owing from the Hospital Owner to the FHA Lender, be superior and prior to the liens and security interests granted to AR Lender in such FHA Lender’s Priority Collateral, irrespective of the time, order or method of attachment or perfection of the FHA LenderXxxxxx’s liens and security interests, or the filing of financing statements or the taking of possession of the AR Lender Priority Collateral, or any portion thereof.

No Contest. FHA Lender agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to AR Lender with respect to the AR Lender Priority Collateral provided that, nothing in this Section 2.4(a) shall prevent FHA Lender from taking all appropriate steps to protect and preserve its priority in the circumstances contemplated in Section 2.1(b). FHA Lender further agrees that, subject to Section 2.1(b2.2(b), AR Lender’s lien and security interest in the AR Lender Priority Collateral shall at all times, while any indebtedness or obligations under the AR Loan Documents are owing from Hospital Operator to AR Lender, be superior and prior to the liens and security interests granted to the FHA Lender in such AR Lender Priority Collateral, irrespective of the time, order or method of attachment or perfection of AR Lender’s and the FHA Xxxxxx’s liens and security interests, or the filing of financing statements, or the taking of possession of the FHA Lender’s Priority Collateral, or any portion thereof. AR Lender agrees that it will not make any assertion or claim in any action, suit or proceeding of any nature whatsoever in any way challenging the priority, validity or effectiveness of the liens and security interests granted to FHA Lender with respect to the FHA Lender’s Priority Collateral; provided that, nothing in this Section 2.4(b) shall prevent AR Lender from taking all appropriate steps to protect and preserve its priority in the circumstances contemplated in Section 2.2(b). AR Lender further agrees that FHA Xxxxxx’s lien and security interest in the FHA Lender’s Priority Collateral shall at all times while any indebtedness or obligations under the FHA-Insured HUD Loan Documents are owing from the Hospital Owner to the FHA Lender, be superior and prior to the liens and security interests granted to AR Lender in such FHA Lender’s Priority Collateral, irrespective of the time, order or method of attachment or perfection of the FHA LenderXxxxxx’s liens and security interests, or the filing of financing statements or the taking of possession of the AR Lender Priority Collateral, or any portion thereof.