Common use of No Election Clause in Contracts

No Election. Each Issuing Bank shall have the right to seek recourse against each Subsidiary Guarantor to the fullest extent provided for in this Section 23 and elsewhere as provided in this Agreement, and against the Company, to the full extent provided for in this Agreement. Each Subsidiary Guarantor hereby acknowledges that it has other undertakings in this Agreement and running in favor of each Issuing Bank that are separate and apart from its obligations under this Section 23. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the right of such Issuing Bank to proceed in any other form of action or proceeding or against other parties unless such Issuing Bank has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Issuing Bank against the Company or any Subsidiary Guarantor under any document or instrument evidencing obligations of the Company or such Subsidiary Guarantor to such Issuing Bank shall serve to diminish the liability of such Subsidiary Guarantor under this Agreement (including, without limitation, this Section 23) except to the extent that such Issuing Bank finally and unconditionally shall have realized payment of the Guaranteed Obligations by such action or proceeding, notwithstanding the effect of any such action or proceeding upon such Subsidiary Guarantor’s right of subrogation against the Company.

No Election. Each Issuing Bank holder of Notes shall have the right to seek recourse against each Subsidiary Guarantor to the fullest extent provided for in this Section 23 and elsewhere as provided in this Agreement, and against the Company, to the full extent provided for in this Agreement. Each Subsidiary Guarantor hereby acknowledges that it has other undertakings in this Agreement and running in favor of each Issuing Bank of the holders of Notes that are separate and apart from its obligations under this Section 23. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the right of such Issuing Bank holder of Notes to proceed in any other form of action or proceeding or against other parties unless such Issuing Bank holder of Notes has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Issuing Bank holder of Notes against the Company or any Subsidiary Guarantor under any document or instrument evidencing obligations of the Company or such Subsidiary Guarantor to such Issuing Bank holder of Notes shall serve to diminish the liability of such Subsidiary Guarantor under this Agreement (including, without limitation, this Section 23) except to the extent that such Issuing Bank holder of Notes finally and unconditionally shall have realized payment of the Guaranteed Obligations by such action or proceeding, notwithstanding the effect of any such action or proceeding upon such Subsidiary Guarantor’s 's right of subrogation against the Company.

No Election. Each The Issuing Bank shall have the right to seek recourse against each Subsidiary Guarantor to the fullest extent provided for in this Section 23 and elsewhere as provided in this Agreement, and against the Company, to the full extent provided for in this Agreement. Each Subsidiary Guarantor hereby acknowledges that it has other undertakings in this Agreement and running in favor of each the Issuing Bank that are separate and apart from its obligations under this Section 23. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the right of such the Issuing Bank to proceed in any other form of action or proceeding or against other parties unless such the Issuing Bank has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any the Issuing Bank against the Company or any Subsidiary Guarantor under any document or instrument evidencing obligations of the Company or such Subsidiary Guarantor to such the Issuing Bank shall serve to diminish the liability of such Subsidiary Guarantor under this Agreement (including, without limitation, this Section 23) except to the extent that such the Issuing Bank finally and unconditionally shall have realized payment of the Guaranteed Obligations by such action or proceeding, notwithstanding the effect of any such action or proceeding upon such Subsidiary Guarantor’s right of subrogation against the Company.

No Election. Each Issuing Bank shall You and each other holder of Notes shall, individually or collectively, have the right to seek recourse against each Subsidiary any Guarantor to the fullest extent provided for in this Section 23 and elsewhere as provided in this Agreement, and against the Company, to the full extent provided herein for in this Agreement. Each Subsidiary Guarantor hereby acknowledges that it has other undertakings in this Agreement and running in favor of each Issuing Bank that are separate and apart from its such Guarantor's obligations under this Agreement (including, without limitation, this Section 2310) in respect of the Notes. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the such holder's right of such Issuing Bank to proceed in any other form of action or proceeding or against other parties unless such Issuing Bank holder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by you or any Issuing Bank other holder of Notes against the Company or any Subsidiary Guarantor under any document or instrument evidencing obligations of the Company or such Subsidiary Guarantor to you or such Issuing Bank other holder of Notes shall serve to diminish the liability of such Subsidiary any Guarantor under this Agreement (including, without limitation, this Section 2310) except to the extent that you or such Issuing Bank other holder of Notes finally and unconditionally U.S. RESTAURANT PROPERTIES OPERATING L.P. 69 NOTE PURCHASE AGREEMENT shall have realized payment of the Guaranteed Obligations by such action or proceeding, notwithstanding the effect of any such action or proceeding upon such Subsidiary Guarantor’s 's right of subrogation against the Company.

No Election. Each Issuing Bank The Lender shall have the right to seek recourse against each Subsidiary Guarantor to the fullest extent provided for in this Section 23 and elsewhere as provided in this Agreement, and against the Company, to the full extent provided for in this Agreement. Each Subsidiary Guarantor hereby acknowledges that it has other undertakings in this Agreement and running in favor of each Issuing Bank the Lender that are separate and apart from its obligations under this Section 23. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the right of such Issuing Bank the Lender to proceed in any other form of action or proceeding or against other parties unless such Issuing Bank the Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Issuing Bank the Lender against the Company or any Subsidiary Guarantor under any document or instrument evidencing obligations of the Company or such Subsidiary Guarantor to such Issuing Bank the Lender shall serve to diminish the liability of such Subsidiary Guarantor under this Agreement (including, without limitation, this Section 23) except to the extent that such Issuing Bank the Lender finally and unconditionally shall have realized payment of the Guaranteed Obligations by such action or proceeding, notwithstanding the effect of any such action or proceeding upon such Subsidiary Guarantor’s right of subrogation against the Company.

No Election. Each Issuing Bank holder of Notes shall have the right to seek recourse against each Subsidiary Guarantor to the fullest extent provided for in this Section 23 and elsewhere as provided in this Agreement, and against the Company, to the full extent provided for in this Agreement. Each Subsidiary Guarantor hereby acknowledges that it has other undertakings in this Agreement and running in favor of each Issuing Bank of the holders of Notes that are separate and apart from its obligations under this Section 23. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the right of such Issuing Bank holder of Notes to proceed in any other form of action or proceeding or against other parties unless such Issuing Bank holder of Notes has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Issuing Bank holder of Notes against the Company or any Subsidiary Guarantor under any document or instrument evidencing obligations of the Company or such Subsidiary Guarantor to such Issuing Bank holder of Notes shall serve to diminish the liability of such Subsidiary Guarantor under this Agreement (including, without limitation, this Section 23) except to the extent that such Issuing Bank holder of Notes finally and unconditionally shall have realized payment of the Guaranteed Obligations by such action or proceeding, notwithstanding the effect of any such action or proceeding upon such Subsidiary Guarantor’s right of subrogation against the Company.. UTi Worldwide Inc. Note Purchase Agreement

No Election. Each Issuing Bank holder of Notes shall have the right to seek recourse against each Subsidiary Guarantor to the fullest extent provided for in this Section 23 and elsewhere as provided in this Agreement, and against the Company, to the full extent provided for in this Agreement. Each Subsidiary Guarantor hereby acknowledges that it has other undertakings in this Agreement and running in favor of each Issuing Bank of the holders of Notes that are separate and apart from its obligations under this Section 23. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the right of such Issuing Bank holder of Notes to proceed in any other form of action or proceeding or against other parties unless such Issuing Bank holder of Notes has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Issuing Bank holder of Notes against the Company or any Subsidiary Guarantor under any document or instrument evidencing obligations of the Company or such Subsidiary Guarantor to such Issuing Bank holder of Notes shall serve to diminish the liability of such Subsidiary Guarantor under this Agreement (including, without limitation, this Section 23) except to the extent that such Issuing Bank holder of Notes finally and unconditionally shall have realized payment of the Guaranteed Obligations by such action or proceeding, notwithstanding the effect of any such action or proceeding upon such Subsidiary Guarantor’s right of subrogation against the Company.. UTI Worldwide Inc. Note Purchase Agreement

No Election. Each Issuing Bank holder of Notes shall have the right to seek recourse against each Subsidiary Guarantor to the fullest extent provided for in this Section 23 and elsewhere as provided in this Agreement, and against the Companyrelevant Issuer, to the full extent provided for in this Agreement. Each Subsidiary Guarantor hereby acknowledges that it has other undertakings in this Agreement and running in favor of each Issuing Bank of the holders of Notes that are separate and apart from its obligations under this Section 23. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the right of such Issuing Bank holder of Notes to proceed in any other form of action or proceeding or against other parties unless such Issuing Bank holder of Notes has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Issuing Bank holder of Notes against the Company an Issuer or any Subsidiary Guarantor under any document or instrument evidencing obligations of the Company an Issuer or such Subsidiary Guarantor to such Issuing Bank holder of Notes shall serve to diminish the liability of such Subsidiary Guarantor under this Agreement (including, without limitation, this Section 23) except to the extent that such Issuing Bank holder of Notes finally and unconditionally shall have realized payment of the Guaranteed Obligations by such action or proceeding, notwithstanding the effect of any such action or proceeding upon such Subsidiary Guarantor’s right of subrogation against the Companysuch Issuer.

No Election. Each The Issuing Bank shall have the right to seek recourse against each Subsidiary Guarantor to the fullest extent provided for in this Section 23 and elsewhere as provided in this Agreement, and against the Company, to the full extent provided for in this Agreement. Each Subsidiary Guarantor hereby acknowledges that it has other undertakings in this Agreement and running in favor of each the Issuing Bank that are separate and apart from its obligations under this Section 23. No election to proceed in UTi Worldwide Inc. Letter of Credit Agreement one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the right of such the Issuing Bank to proceed in any other form of action or proceeding or against other parties unless such the Issuing Bank has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any the Issuing Bank against the Company or any Subsidiary Guarantor under any document or instrument evidencing obligations of the Company or such Subsidiary Guarantor to such the Issuing Bank shall serve to diminish the liability of such Subsidiary Guarantor under this Agreement (including, without limitation, this Section 23) except to the extent that such the Issuing Bank finally and unconditionally shall have realized payment of the Guaranteed Obligations by such action or proceeding, notwithstanding the effect of any such action or proceeding upon such Subsidiary Guarantor’s right of subrogation against the Company.

No Election. Each Issuing Bank holder of Notes shall have the right to seek recourse against each Subsidiary Guarantor to the fullest extent provided for in this Section 23 and elsewhere as provided in this Agreement, and against the Company, to the full extent provided for in this Agreement. Each Subsidiary Guarantor hereby acknowledges that it has other undertakings in this Agreement and running in favor of each Issuing Bank of the holders of Notes that are separate and apart from its obligations under this Section 23. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the right of such Issuing Bank holder of Notes to proceed in any other form of action or proceeding or against other parties unless such Issuing Bank holder of Notes has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Issuing Bank holder of Notes against the Company or any Subsidiary Guarantor under any document or instrument evidencing obligations of the Company or such Subsidiary Guarantor to such Issuing Bank holder of Notes shall serve to diminish the liability of such Subsidiary Guarantor under this Agreement (including, without limitation, this Section 23) except to the extent that such Issuing Bank holder of Notes finally and unconditionally shall have realized payment of the Guaranteed Obligations by such action or proceeding, notwithstanding the effect of any such action or proceeding upon such Subsidiary Guarantor’s right of subrogation against the Company.

No Election. Each Issuing Bank holder of Notes shall have the right to seek recourse against each Subsidiary Guarantor to the fullest extent provided for in this Section 23 22 and elsewhere as provided in this Agreement, and against the Company, to the full extent provided for in this Agreement. Each Subsidiary Guarantor hereby acknowledges that it has other undertakings in this Agreement and running in favor of each Issuing Bank of the holders of Notes that are separate and apart from its obligations under this Section 2322. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the right of such Issuing Bank holder of Notes to proceed in any other form of action or proceeding or against other parties unless such Issuing Bank holder of Notes has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Issuing Bank holder of Notes against the Company or any Subsidiary Guarantor under any document or instrument evidencing obligations of the Company or such Subsidiary Guarantor to such Issuing Bank holder of Notes shall serve to diminish the liability of such Subsidiary Guarantor under this Agreement (including, without limitation, this Section 2322) except to the extent that such Issuing Bank holder of Notes finally and unconditionally shall have realized payment of the Guaranteed Obligations by such action or proceeding, notwithstanding the effect of any such action or proceeding upon such Subsidiary Guarantor’s right of subrogation against the Company.

No Election. Each Issuing Bank The Lender shall have the right to seek recourse against each Subsidiary Guarantor to the fullest extent provided for in this Section 23 Article IX and elsewhere as provided in this Agreement, and against the CompanyBorrower, to the full extent provided for in this Agreement. Each Subsidiary Guarantor hereby acknowledges that it has other undertakings in this Agreement and running in favor of each Issuing Bank the Lender that are separate and apart from its obligations under this Section 23Article IX. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the right of such Issuing Bank the Lender to proceed in any other form of action or proceeding or against other parties unless such Issuing Bank the Lender has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by any Issuing Bank the Lender against the Company Borrower or any Subsidiary Guarantor under any document or instrument evidencing obligations of the Company or such Subsidiary Guarantor to such Issuing Bank the Lender shall serve to diminish the liability of such Subsidiary Guarantor under this Agreement (including, without limitation, this Section 23Article IX) except to the extent that such Issuing Bank the Lender finally and unconditionally shall have realized payment of the Guaranteed Obligations by such action or proceeding, notwithstanding the effect of any such action or proceeding upon such Subsidiary Guarantor’s right of subrogation against the CompanyBorrower.