Common use of No Duty To Pursue Others Clause in Contracts

No Duty To Pursue Others. It shall not be necessary for Purchaser (and Guarantor hereby waives any rights which Guarantor may have to require Purchaser), in order to enforce the obligations of Guarantor hereunder, first to (i) institute suit or exhaust its remedies against Seller or others liable on the Guaranteed Obligations or any other person, (ii) enforce or exhaust Purchaser’s rights against any collateral which shall ever have been given to secure the Guaranteed Obligations, (iii) join Seller or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty or (iv) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser shall not be entitled to actually receive payment of the same amounts from both Seller and Guarantor. Purchaser shall not be required to mitigate damages or take any other action to collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Purchaser Lessor (and Guarantor hereby waives any rights which Guarantor may have to require PurchaserLessor), in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (i) institute suit or exhaust its remedies against Seller Lessee or others liable on under the Lease or the Guaranteed Obligations or any other person, (ii) enforce or exhaust Purchaser’s Lessor's rights against any collateral which shall ever have been given to secure Lessee's obligations under the Lease, (iii) enforce Lessor's rights against any other guarantors of the Guaranteed Obligations, (iiiiv) join Seller Lessee or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty Guaranty, or (ivv) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser shall not be entitled to actually receive payment of the same amounts from both Seller and Guarantor. Purchaser Lessor shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Purchaser (and Guarantor hereby waives any rights which Guarantor may have to require Purchaser), in order to enforce the obligations of Guarantor hereunder, first to (i) institute suit or exhaust its remedies against Seller or others liable on the Guaranteed Obligations or any other person, (ii) enforce or exhaust Purchaser’s rights against any collateral which shall ever have been given to secure the Guaranteed Obligations, (iii) join Seller or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty or (iv) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser shall not be entitled to actually receive payment of the same amounts from both Seller and Guarantor. Purchaser shall not be required to mitigate damages or take any other action to collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Purchaser Lender (and Guarantor hereby waives any rights which Guarantor may have to require PurchaserLender), in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (ia) institute suit or exhaust its remedies against Seller Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (iib) enforce or exhaust Purchaser’s any of Lender's rights or remedies against any collateral which shall ever have been given to secure the Loan, (c) enforce Lender's rights or remedies available to Lender against any other guarantors of the Guaranteed Obligations, (iiid) join Seller Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty Guaranty, or (ive) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser shall not be entitled to actually receive payment of the same amounts from both Seller and Guarantor. Purchaser Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Purchaser (and Guarantor hereby waives any rights which Guarantor may have to require Purchaser), in order to enforce the obligations of Guarantor hereunder, first to (i) institute suit or exhaust its remedies against any Seller or others liable on the Guaranteed Obligations or any other person, (ii) enforce or exhaust Purchaser’s rights against any collateral which shall ever have been given to secure the Guaranteed Obligations, (iii) join any Seller or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty or (iv) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser shall not be entitled to actually receive payment of the same amounts from both a Seller and Guarantor. Purchaser shall not be required to mitigate damages or take any other action to collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Purchaser Buyer (and Guarantor hereby waives any rights which Guarantor may have to require PurchaserBuyer), in order to enforce the obligations of Guarantor hereunder, first to (i) institute suit or exhaust its remedies against Seller or others liable on the Guaranteed Obligations or any other person, (ii) enforce or exhaust PurchaserBuyer’s rights against any collateral which shall ever have been given to secure the Guaranteed Obligations, (iii) join Seller or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty or (iv) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser Buyer shall not be entitled to actually receive payment of the same amounts from both Seller and Guarantor. Purchaser Buyer shall not be required to mitigate damages or take any other action to collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Purchaser Lender (and Guarantor hereby waives any rights which Guarantor may have to require PurchaserLender), in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (ia) institute suit or exhaust its remedies against Seller Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (iib) enforce or exhaust Purchaserany of Lender’s rights or remedies against any collateral which shall ever have been given to secure the Loan, (c) enforce Lender’s rights or remedies available to Lender against any other guarantors of the Guaranteed Obligations, (iiid) join Seller Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty Guaranty, or (ive) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser shall not be entitled to actually receive payment of the same amounts from both Seller and Guarantor. Purchaser Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It To the extent permitted by applicable law, it shall not be necessary for Purchaser Lender (and each Guarantor hereby waives any rights which such Guarantor may have to require PurchaserLender), in order to enforce the obligations of Guarantor Guarantors hereunder, first to (ia) institute suit or exhaust its remedies against Seller any Borrower or others liable on the Loan or the Guaranteed Obligations or any other personPerson, (iib) enforce or exhaust PurchaserLender’s rights against any collateral which shall ever have been given to secure the Loan, (c) enforce Lender’s rights against any other guarantor(s) of the Guaranteed Obligations, (iiid) join Seller any Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty Guaranty, or (ive) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser shall not be entitled to actually receive payment of the same amounts from both Seller and Guarantor. Purchaser Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Purchaser Lender (and Guarantor hereby waives any rights which Guarantor may have to require PurchaserLender), in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (i) institute suit or exhaust its remedies against Seller Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (ii) enforce or exhaust Purchaser’s any of Lender's rights or remedies against any collateral which shall ever have been given to secure the Loan, (iii) enforce Lender's rights or remedies available to Lender against any other guarantors of the Guaranteed Obligations, (iiiiv) join Seller Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty Guaranty, or (ivv) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser shall not be entitled to actually receive payment of the same amounts from both Seller and Guarantor. Purchaser Lender shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Purchaser (and Guarantor hereby waives any rights which Guarantor may have to require Purchaser), in order to enforce the obligations of Guarantor hereunder, first to (i) institute suit or exhaust its remedies against any Seller or others liable on the Guaranteed Obligations or any other person, (ii) enforce or exhaust Purchaser’s rights against any collateral which shall ever have been given to secure the Guaranteed Obligations, (iii) join any Seller or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty or (iv) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser shall not be entitled to actually receive payment of the same amounts from both Seller and Guarantor. Purchaser shall not be required to mitigate damages or take any other action to collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Purchaser Buyer (and Guarantor hereby waives any rights which Guarantor may have to require PurchaserBuyer), in order to enforce the obligations of Guarantor hereunder, first to (i) institute suit or exhaust its remedies against Seller or others liable on the Guaranteed Obligations or any other person, (ii) enforce or exhaust PurchaserBuyer’s rights against any collateral which shall ever have been given to secure the Guaranteed Obligations, (iiii) join Seller or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty or (iv) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser Buyer shall not be entitled to actually receive payment of the same amounts from both Seller and Guarantor. Purchaser Buyer shall not be required to mitigate damages or take any other action to collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Purchaser (and Guarantor hereby waives any rights which Guarantor may have to require Purchaser), in order to enforce the obligations of Guarantor hereunder, first to (i) institute suit or exhaust its remedies against Seller or others liable on the Guaranteed Obligations or any other person, (ii) enforce or exhaust Purchaser’s rights against any collateral which shall ever have been given to secure the Guaranteed Obligations, (iii) join iii)join Seller or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty or (iv) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser shall not be entitled to actually receive payment of the same amounts from both Seller and Guarantor. Purchaser shall not be required to mitigate damages or take any other action to collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Purchaser (and Guarantor hereby waives any rights which Guarantor may have to require Purchaser), in order to enforce the obligations of Guarantor hereunder, first to (i) institute suit or exhaust its remedies against Seller or Swingline Subsidiary or others liable on the Guaranteed Obligations or any other person, (ii) enforce or exhaust Purchaser’s rights against any collateral which shall ever have been given to secure the Guaranteed Obligations, (iii) join Seller or Swingline Subsidiary or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty or (iv) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser shall not be entitled to actually receive payment of the same amounts from both Seller and Guarantor. Purchaser shall not be required to mitigate damages or take any other action to collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Purchaser (Wintrust, and Guarantor hereby waives any rights which such Guarantor may have to require Purchaser)Wintrust, in order to enforce the obligations of Guarantor hereundersuch payment by Guarantor, first to (ia) institute suit or exhaust its remedies against Seller Customer or others liable on the Guaranteed Obligations or any other person, (iib) enforce its rights or exhaust Purchaser’s rights any remedies available to it against any collateral security which shall ever have been given to secure the Guaranteed Obligations, (iiic) enforce its rights against any other guarantor of the Obligations, (d) join Seller Customer or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty Guaranty, or (ive) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser shall not be entitled to actually receive payment of the same amounts from both Seller and Guarantor. Purchaser Wintrust shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.. 1.6

No Duty To Pursue Others. It shall not be necessary for Purchaser Agent (and Guarantor hereby waives any rights which Guarantor may have to require PurchaserAgent), in order to enforce the obligations of Guarantor hereunder, first to (i) institute suit or exhaust its remedies against Seller Borrower or others liable on the Loan or the Guaranteed Obligations or any other person, (ii) enforce or exhaust PurchaserAgent’s rights against any collateral which shall ever have been given to secure the Loan, (iii) enforce Agent’s rights against any other Guarantor or guarantors of the Guaranteed Obligations, (iiiiv) join Seller Borrower or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty Guaranty, (v) exhaust any remedies available to Agent against any collateral which shall ever have been given to secure the Loan, or (ivvi) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser shall not be entitled to actually receive payment of the same amounts from both Seller and Guarantor. Purchaser Agent shall not be required to mitigate damages or take any other action to reduce, collect or enforce the Guaranteed Obligations.

No Duty To Pursue Others. It shall not be necessary for Purchaser or Collateral Agent (and Guarantor hereby waives any rights which Guarantor may have to require Purchaser), in order to enforce the obligations of Guarantor hereunder, first to (i) institute suit or exhaust its remedies against any Seller or others liable on the Guaranteed Obligations or any other person, (ii) enforce or exhaust Purchaser’s rights against any collateral which shall ever have been given to secure the Guaranteed Obligations, (iii) join any Seller or any others liable on the Guaranteed Obligations in any action seeking to enforce this Guaranty or (iv) resort to any other means of obtaining payment of the Guaranteed Obligations. Purchaser shall not be entitled to actually receive payment of the same amounts from both a Seller and Guarantor. Neither Purchaser nor Collateral Agent shall not be required to mitigate damages or take any other action to collect or enforce the Guaranteed Obligations.