Common use of No Election Clause in Contracts

No Election. Lender shall have the right to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 4 contracts

Samples: Limited Guaranty (KBS Legacy Partners Apartment REIT, Inc.), Nonrecourse Exceptions Guaranty (Ashford Hospitality Trust Inc), Nonrecourse Exceptions Guaranty (Ashford Hospitality Trust Inc)

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No Election. Lender shall have all of the right rights to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 3 contracts

Samples: Guaranty of Recourse Obligations (KBS Real Estate Investment Trust III, Inc.), Inland Real Estate Income Trust, Inc., Brookfield DTLA Fund Office Trust Investor Inc.

No Election. Lender shall have all of the right rights to seek recourse against Affiliated Guarantor to the fullest extent provided for herein, and no election by Lender to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Affiliated Guarantor under this Affiliated Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 2 contracts

Samples: Defined Terms (Strategic Hotels & Resorts, Inc), Defined Terms (Strategic Hotels & Resorts, Inc)

No Election. Lender The Holders shall have the right to seek recourse against Guarantor to the fullest extent provided for herein, herein and no election by Lender the Holders to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s the Holders' right to proceed in any other form of action or proceeding or against other parties unless Lender has the Holders have expressly waived such that right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender the Holders under any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender the Holders finally and unconditionally shall have realized indefeasible payment by such the action or proceeding.

Appears in 2 contracts

Samples: Rescission, Restructuring and Assignment Agreement (Integrated Healthcare Holdings), Payment Agreement (Chaudhuri Kali P)

No Election. Lender Bank shall have all of the right rights to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender Bank to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s Bank's right to proceed in any other form of action or proceeding or against other parties unless Lender Bank has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender Bank under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender Bank finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 2 contracts

Samples: Continuing Guaranty (Prospect Medical Holdings Inc), Continuing Guaranty (Prospect Medical Holdings Inc)

No Election. Lender shall have all of the right rights to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender Xxxxxx to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender Xxxxxx has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 2 contracts

Samples: Defined Terms (Strategic Hotels & Resorts, Inc), Defined Terms (Strategic Hotels & Resorts, Inc)

No Election. Lender Bank shall have the right to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender Bank to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of LenderBank’s right to proceed in any other form of action or proceeding or against other parties unless Lender Bank has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender Bank under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender Bank finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 2 contracts

Samples: Continuing Guaranty (Cherokee Inc), Continuing Guaranty (Cherokee Inc)

No Election. Lender shall have the right to seek recourse against Guarantor to the fullest extent provided for herein, herein and no election by Lender to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Obligations by such action or proceeding.

Appears in 2 contracts

Samples: General Continuing Guaranty (Nexaira Wireless Inc.), General Continuing Guaranty (Nexaira Wireless Inc.)

No Election. Lender Trustee shall have the right to seek recourse against Guarantor to the fullest extent provided for herein, herein and no election by Lender Trustee to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s Trustee's right to proceed in any other form of action or proceeding or against other parties unless Lender Trustee has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender Trustee under any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender Trustee finally and unconditionally shall have realized indefeasible (i) payment in full of the Guarantied Obligations from the Guarantor up to the Guaranty Limit or (ii) payment in full of the Guarantied Obligations by such action or proceeding.

Appears in 2 contracts

Samples: Convertible Debenture Indenture (Crailar Technologies Inc), Guaranty and Security Agreement (Crailar Technologies Inc)

No Election. Lender Beneficiaries shall have the right to seek recourse against Guarantor to the fullest extent provided for herein, herein and no election by Lender Beneficiaries to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s Beneficiaries' right to proceed in any other form of action or proceeding or against other parties unless Lender has Beneficiaries have expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender Beneficiaries under any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender Beneficiaries finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 2 contracts

Samples: Credit Agreement (Century Casinos Inc /Co/), Credit Agreement (Century Casinos Inc)

No Election. Lender Sellers shall have the right to seek recourse against Guarantor to the fullest extent provided for herein, herein and no election by Lender Sellers to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s Sellers’ right to proceed in any other form of action or proceeding or against other parties unless Lender has Sellers have expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender Sellers under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty Guarantee except to the extent that Lender Sellers finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 1 contract

Samples: Guarantee (Weider Nutrition International Inc)

No Election. Lender shall have the right to seek recourse against Guarantor to the fullest extent provided for herein, herein and no election by Lender to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall the Guarantied Obligations have realized indefeasible payment been paid in full by such action or proceeding.. 

Appears in 1 contract

Samples: General Continuing Guaranty (Micron Solutions Inc /De/)

No Election. Lender Beneficiary shall have the right to seek recourse against Guarantor Guarantors to the fullest extent provided for herein, herein and no election by Lender Beneficiary to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s Beneficiary's right to proceed in any other form of action or proceeding or against other parties unless Lender Beneficiary has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender Beneficiary under any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor Guarantors under this Guaranty except to the extent that Lender Beneficiary finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 1 contract

Samples: Term Loan Agreement (Monarch Casino & Resort Inc)

No Election. Lender Agent and Lenders shall have the right to seek recourse against any Guarantor to the fullest extent provided for herein, and no election by Lender Agent to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s Agent's right to proceed in any other form of action or proceeding or against other parties unless Lender Agent has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender Agent or Lenders under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that Lender Agent and Lenders finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 1 contract

Samples: Midway Games Inc

No Election. Lender Bank shall have the right to seek recourse against ----------- Guarantor to the fullest extent provided for herein, and no election by Lender Bank to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s Bank's right to proceed in any other form of action or proceeding or against other parties unless Lender Bank has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender Bank under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender Bank finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 1 contract

Samples: Continuing Guaranty (Mercury General Corp)

No Election. Lender shall have all of the right rights to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender to proceed in one 000 Xxxxxx Xxxxxx — Guaranty form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 1 contract

Samples: Guaranty (Kilroy Realty, L.P.)

No Election. Lender Purchaser shall have the right to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender Purchaser to proceed in one form of action or proceeding, or against any party, party or on any obligation, obligation shall constitute a waiver of LenderPurchaser’s right to proceed in any other form of action or proceeding or against other parties unless Lender Purchaser has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender Purchaser under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of the Guarantor under this Guaranty except to the extent that Lender Purchaser finally and unconditionally shall have realized indefeasible payment in cash by or through such action or proceeding.

Appears in 1 contract

Samples: Purchase and Sale Agreement and Escrow Instructions (Strategic Hotels & Resorts, Inc)

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No Election. Lender shall have the right to seek recourse against any Guarantor to the fullest extent provided for herein, and no election by Lender to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 1 contract

Samples: Continuing Guaranty (Midway Games Inc)

No Election. Lender Bank shall have all of the right rights to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender Bank to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of LenderBank’s right to proceed in any other form of action or proceeding or against other parties unless Lender Bank has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender Bank under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender Bank finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 1 contract

Samples: Security Agreement (Prospect Medical Holdings Inc)

No Election. Lender shall have all of the right rights to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender Lxxxxx to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender Lxxxxx has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 1 contract

Samples: Defined Terms (Strategic Hotels & Resorts, Inc)

No Election. Lender shall have the right to seek recourse against Guarantor to the fullest extent provided for herein, herein and no election by Lender to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s 's right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Obligations by such action or proceeding.

Appears in 1 contract

Samples: Schlotzskys Inc

No Election. Lender Beneficiaries shall have the right to seek recourse against Guarantor to the fullest extent provided for herein, herein and no election by Lender Beneficiaries to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s Beneficiaries’ right to proceed in any other form of action or proceeding or against other parties unless Lender has Beneficiaries have expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender Beneficiaries under any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender Beneficiaries finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 1 contract

Samples: Credit Agreement (Monarch Casino & Resort Inc)

No Election. Lender Beneficiary shall have the right to seek recourse against Guarantor Guarantors to the fullest extent provided for herein, herein and no election by Lender Beneficiary to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s Beneficiary's right to proceed in any other form of action or proceeding or against other parties unless Lender Beneficiary has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender Beneficiary under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor Guarantors under this Subsidiary Guaranty except to the extent that Lender Beneficiary finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 1 contract

Samples: Credit Agreement (Herbst Gaming Inc)

No Election. Lender Beneficiaries shall have the right to seek recourse against Guarantor Guarantors to the fullest extent provided for herein, herein and no election by Lender Beneficiaries to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s Beneficiaries' right to proceed in any other form of action or proceeding or against other parties unless Lender has Beneficiaries have expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender Beneficiaries under any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor Guarantors under this Guaranty except to the extent that Lender Beneficiaries finally and unconditionally shall have realized indefeasible payment by such action or proceeding.

Appears in 1 contract

Samples: Construction and Reducing Revolving Credit Agreement (Monarch Casino & Resort Inc)

No Election. Lender The Holder shall have the right to seek recourse against the Guarantor to the fullest extent provided for herein, and no election by Lender the Holder to proceed in one form of action or proceeding, or against any partyperson, or on any obligation, shall constitute a waiver of Lender’s the Holder's right to proceed in any other form of action or proceeding or against other persons or parties unless Lender the Holder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender the Holder under any document or instrument evidencing the Guaranteed Underlying Obligations shall serve to diminish the liability of the Guarantor under this Guaranty except to the extent that Lender the Holder finally and unconditionally shall have realized indefeasible payment in full of the Underlying Obligations by such action or proceeding.

Appears in 1 contract

Samples: Guaranty (2ksounds Corp)

No Election. Lender Beneficiary shall have the right to seek recourse against Guarantor Guarantors to the fullest extent provided for herein, herein and no election by Lender Beneficiary to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s Beneficiary's right to proceed in any other form of action or proceeding or against other parties unless Lender Beneficiary has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender Beneficiary under any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor Guarantors under this Guaranty except to the extent that Lender Beneficiary finally and unconditionally shall have realized indefeasible payment payment, satisfaction, and performance of all of the Guarantied Obligations by such action or proceeding.

Appears in 1 contract

Samples: Guaranty (International Sports Wagering Inc)

No Election. Lender shall have all of the right rights to seek recourse against Guarantor to the fullest extent provided for herein, and no election by Lender to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under any document or instrument evidencing the Guaranteed Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment by such action or proceeding.. 5 GUARANTY OF RECOURSE OBLIGATIONS

Appears in 1 contract

Samples: Bluerock Residential Growth REIT, Inc.

No Election. Lender shall have the right to seek recourse against Guarantor for the Guarantied Losses to the fullest extent provided for herein, herein and no election by Lender to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of Lender’s right to proceed in any other form of action or proceeding or against other parties unless Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by Lender under any document or instrument evidencing the Guaranteed Guarantied Obligations shall serve to diminish the liability of Guarantor under this Guaranty except to the extent that Lender finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Obligations by such action or proceeding.

Appears in 1 contract

Samples: General Continuing Guaranty (Fortegra Financial Corp)

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