Common use of Not a Collection Guaranty Clause in Contracts

Not a Collection Guaranty. This is an absolute guaranty of payment and not of collection, and Guarantor WAIVES any right to require that any action be brought against any Obligor or any other Person, or that any Lender or Agent be required to enforce, attempt to enforce or exhaust any rights, benefits or privileges of any Lender or Agent under any of the Loan Documents, by law or otherwise; provided that nothing herein shall be construed to prevent any Lender or Agent from exercising and enforcing at any time any right, benefit or privilege which any Lender or Agent may have under any Loan Document or by law from time to time, and at any time, and Guarantor agrees that its obligations hereunder are--and shall be--absolute, independent and unconditional under any and all circumstances. Should any Lender or Agent seek to enforce Guarantor's obligations by action in any court, Guarantor WAIVES any requirement, substantive or procedural, that (a) any Lender or Agent pursue any foreclosure action, realize or attempt to realize on any security or preserve or enforce any deficiency claim against any Obligor or any other Person after any such realization, (b) a judgment first be sought or rendered against any Obligor or any other Person, (c) any Obligor or any other Person be joined in such action or (d) a separate action be brought against any Obligor or any other Person. Guarantor's obligations under this Guaranty are several from those of any other Obligor or any other Person, and are primary obligations concerning which Guarantor is the principal obligor. All waivers in this Guaranty or any of the Loan Documents shall be without prejudice to any Lender or Agent at its option to proceed against any Obligor or any other Person, whether by separate action or by joinder. Guarantor agrees that this Guaranty shall not be discharged except by payment of the Debt in full, complete performance of all obligations of the Obligors under the Loan Documents and termination of each Lender's obligation--if any--to make any further advances under the Credit Agreement or extend other financial accommodations to any Obligor. SECTION 3.5

Not a Collection Guaranty. This is an absolute guaranty of payment payment, and not of collection, and Guarantor WAIVES any right to require that any action be brought against any Obligor or any other Person, or that Administrative Agent or any Lender or Agent be required to enforce, attempt to enforce or exhaust any of its rights, benefits or privileges of any Lender or Agent under any of the Loan Credit Documents, by law or otherwise; provided that nothing herein shall be construed to prevent Administrative Agent or any Lender or Agent from exercising and enforcing at any time any right, benefit or privilege which any Lender or Agent it may have under any Loan Credit Document or by law from time to time, and at any time, and Guarantor agrees that its Guarantor’s obligations hereunder are--—and shall be--—absolute, independent and unconditional under any and all circumstances. Should Administrative Agent or any Lender or Agent seek to enforce Guarantor's ’s obligations by action in any court, Guarantor WAIVES any requirement, substantive or procedural, that (a) any Administrative Agent or such Lender or Agent pursue any foreclosure action, realize or attempt to realize on any security or preserve or enforce any deficiency claim against any Obligor or any other Person after any such realization, (b) a judgment first be sought or rendered against any Obligor or any other Person, (c) any Obligor or any other Person be joined in such action or (d) a separate action be brought against any Obligor or any other Person. Guarantor's ’s obligations under this Guaranty are several from those of any other Obligor or any other Person, and are primary obligations concerning which Guarantor is the principal obligor. All waivers in this Guaranty or any of the Loan Credit Documents shall be without prejudice to Administrative Agent or any Lender or Agent at its option to proceed against any Obligor or any other Person, whether by separate action or by joinder. Guarantor agrees that this Guaranty shall not be discharged except by payment of the Debt in and full, complete performance of all obligations of the Obligors under the Loan Credit Documents and termination of each Lender's the obligation--—if any--—to make any further advances under the Credit Agreement Notes or extend other financial accommodations to any Obligor. SECTION 3.5the Borrower.

Not a Collection Guaranty. This is an absolute absolute, unconditional, irrevocable and continuing guaranty of payment payment, and not of collection, and an absolute, unconditional, irrevocable and continuing guaranty of performance of all of the obligations of the Companies under the Credit Papers, and Guarantor WAIVES any right to require that any action be brought against any other Obligor or any other Person, or that the Agent, any Lender or Agent any other Person be required to enforce, attempt to enforce or exhaust any of its or their rights, benefits or privileges of any Lender or Agent under any of the Loan DocumentsCredit Papers, by law or otherwise; provided that nothing herein shall be construed to prevent the Agent or any Lender or Agent from exercising and enforcing at any time any right, benefit or privilege which any Lender or Agent it may have under any Loan Document Credit Papers or by law Law from time to time, and at any time, and Guarantor agrees that its Guarantor's obligations hereunder are--are -- and shall be--be -- absolute, independent and unconditional under any and all circumstances. Should the Agent or any Lender or Agent seek to enforce Guarantor's obligations by action in any court, Guarantor WAIVES any requirement, substantive or procedural, that (a) any Lender or the Agent pursue any foreclosure action, realize or attempt to realize on any security or preserve or enforce any deficiency claim against any other Obligor or any other Person after any such realization, (b) a judgment first be sought or rendered against any other Obligor or any other Person, (c) any other Obligor or any other Person be joined in such action or (d) a separate action be brought against any other Obligor or any other Person. Guarantor's obligations under this Guaranty are several from those of any other Obligor or any other Person, and are primary obligations concerning which Guarantor is the principal obligor. All waivers in this Guaranty or any of the Loan Documents Credit Papers shall be without prejudice to any Lender or the Agent at its option to proceed against any other Obligor or any other Person, whether by separate action or by joinder. Guarantor agrees that this Guaranty shall not be discharged except (subject to reinstatement pursuant to Section 3.10) by payment of the Guaranteed Debt in full, complete performance of all obligations of the Obligors under the Loan Documents Credit Papers (or their written waiver and release) and termination of each Lenderany Agent's obligation--obligation -- if any--any -- to make any further advances under the Credit Agreement Papers or extend other financial accommodations to any Obligor. SECTION 3.5Obligor relating to the Guaranteed Debt.

Not a Collection Guaranty. This is an absolute guaranty of payment payment, and an absolute guaranty of performance of all of the obligations of the Obligors under the Loan Documents, and not of collection, and to the fullest extent not prohibited by applicable law, each Guarantor WAIVES any right to require that any action be brought against any Obligor or any other Person, or that any Lender Bank or Agent be required to enforce, attempt to enforce or exhaust any rights, benefits or privileges of any Lender Bank or Agent under any of the Loan Documents, by law or otherwise; provided that nothing herein shall be construed to prevent any Lender Bank or Agent from exercising and enforcing at any time any right, benefit or privilege which any Lender Bank or Agent may have under any Loan Document or by law from time to time, and at any time, and Guarantor agrees Guarantors agree that its Guarantors' obligations hereunder are--and shall be--absolute, independent independent, unconditional, joint and unconditional several under any and all circumstances. Should any Lender Bank or Agent seek to enforce Guarantor's Guarantors' obligations by action in any court, to the fullest extent not prohibited by applicable law, each Guarantor WAIVES any requirement, substantive or procedural, that (a) any Lender or Agent pursue any foreclosure action, realize or attempt to realize on any security or preserve or enforce any deficiency claim against any Obligor or any other Person after any such realization, (b) a judgment first be sought or rendered against any Obligor or any other Person, (c) any Obligor or any other Person be joined in such action or (d) a separate action be brought against any Obligor or any other Person. Guarantor's Guarantors' obligations under this Guaranty are several from those of any other Obligor or any other Person, and are primary obligations concerning which Guarantor is Guarantors are the principal obligorobligors. All waivers in this Guaranty or any of the Loan Documents shall be without prejudice to any Lender Bank or Agent at its option to proceed against any Obligor or any other Person, whether by separate action or by joinder. Guarantor agrees Guarantors agree that this Guaranty shall not be discharged except by payment of the Debt in full, complete performance of all obligations of the Obligors under the Loan Documents and termination of each LenderBank's obligation--if any--to make any further advances under the Credit Agreement Loan Documents or extend other financial accommodations to any Obligor. SECTION 3.5Section 3.6

Not a Collection Guaranty. This is an absolute guaranty of payment payment, and not of collection, and Guarantor WAIVES any right to require that any action be brought against any Obligor or any other Person, or that Agent or any Lender or Agent be required to enforce, attempt to enforce or exhaust any of its rights, benefits or privileges of any Lender or Agent under any of the Loan Documents, by law or otherwise; provided that nothing herein shall be construed to prevent Agent or any Lender or Agent from exercising and enforcing at any time any right, benefit or privilege which any Lender or Agent it may have under any Loan Document or by law from time to time, and at any time, and Guarantor agrees that its Guarantor's obligations hereunder are--and shall be--absolute, independent and unconditional under any and all circumstances. Should Agent or any Lender or Agent seek to enforce Guarantor's obligations by action in any court, Guarantor WAIVES any requirement, substantive or procedural, that (a) any Agent or such Lender or Agent pursue any foreclosure action, realize or attempt to realize on any security or preserve or enforce any deficiency claim against any Obligor or any other Person after any such realization, (b) a judgment first be sought or rendered against any Obligor or any other Person, (c) any Obligor or any other Person be joined in such action or (d) a separate action be brought against any Obligor or any other Person. Guarantor's obligations under this Guaranty are several from those of any other Obligor or any other Person, and are primary obligations concerning which Guarantor is the principal obligor. All waivers in this Guaranty or any of the Loan Documents shall be without prejudice to Agent or any Lender or Agent at its option to proceed against any Obligor or any other Person, whether by separate action or by joinder. Guarantor agrees that this Guaranty shall not be discharged except by payment of the Debt in full, complete performance of all obligations of the Obligors under the Loan Documents and termination of each Lender's the obligation--if any--to make any further advances under the Credit Agreement Notes or extend other financial accommodations to any Obligor. SECTION 3.5.

Not a Collection Guaranty. This is an absolute guaranty of payment payment, and an absolute guaranty of performance of all of the obligations of the Obligors under the Note Documents, and not of collection, and to the fullest extent not prohibited by applicable law, each Guarantor WAIVES any right to require that any action be brought against any Obligor or any other Person, or that any Lender or Agent Purchaser be required to enforce, attempt to enforce or exhaust any rights, benefits or privileges of any Lender or Agent Purchaser under any of the Loan Note Documents, by law or otherwise; provided that nothing herein shall be construed to prevent any Lender or Agent Purchaser from exercising and enforcing at any time any right, benefit or privilege which any Lender or Agent Purchaser may have under any Loan Note Document or by law from time to time, and at any time, and Guarantor agrees Guarantors agree that its Guarantors' obligations hereunder are--and shall be--absolute, independent independent, unconditional, joint and unconditional several under any and all circumstances. Should any Lender or Agent Purchaser seek to enforce Guarantor's Guarantors' obligations by action in any court, to the fullest extent not prohibited by applicable law, each Guarantor WAIVES any requirement, substantive or proceduralprocedures, that (a) any Lender or Agent Purchaser pursue any foreclosure action, realize or attempt to realize on any security or preserve or enforce any deficiency claim against any Obligor or any other Person after any such realization, (b) a judgment first be sought or rendered against any Obligor or any other Person, (c) any Obligor or any other Person be joined in such action or (d) a separate action be brought against any Obligor or any other Person. Guarantor's Guarantors' obligations under this Guaranty are several from those of any other Obligor or any other Person. Guarantors' obligations under this Guaranty are several from those of any other Obligor or any other Person, and are primary obligations concerning which Guarantor is Guarantors are the principal obligorobligors. All waivers in this Guaranty or any of the Loan Note Documents shall be without prejudice to any Lender or Agent Purchaser at its option to proceed against any Obligor or any other Person, whether by separate action or by joinder. Guarantor agrees Guarantors agree that this Guaranty shall not be discharged except by payment of the Debt in full, complete performance of all obligations of the Obligors under the Loan Note Documents and termination of each LenderPurchaser's obligation--if any--to make any further advances under the Credit Agreement Note Documents or extend other financial accommodations to any Obligor. SECTION 3.5.

Not a Collection Guaranty. This is an absolute guaranty of payment payment, and not of collection, and Guarantor WAIVES any right to require that any action be brought against any Obligor or any other Person, or that any Lender or Agent be required to enforce, attempt to enforce or exhaust any of Lender’s rights, benefits or privileges of any Lender or Agent under any of the Loan Credit Documents, by law or otherwise; provided that nothing herein shall be construed to prevent any Lender or Agent from exercising and enforcing at any time any right, benefit or privilege which any Lender or Agent may have under any Loan Credit Document or by law from time to time, and at any time, and Guarantor agrees that its Guarantor’s obligations hereunder are--and shall be--absolute, independent and unconditional under any and all circumstances. Should any Lender or Agent seek to enforce Guarantor's ’s obligations by action in any court, Guarantor WAIVES any requirement, substantive or procedural, that (a) any Lender or Agent pursue any foreclosure action, realize or attempt to realize on any security or preserve or enforce any deficiency claim against any Obligor or any other Person after any such realization, (b) a judgment first be sought or rendered against any Obligor or any other Person, (c) any Obligor or any other Person be joined in such action or (d) a separate action be brought against any Obligor or any other Person. Guarantor's ’s obligations under this Guaranty are several from those of any other Obligor or any other Person, and are primary obligations concerning which Guarantor is the principal obligor. All waivers in this Guaranty or any of the Loan Credit Documents shall be without prejudice to any Lender or Agent at its option to proceed against any Obligor or any other Person, whether by separate action or by joinder. Guarantor agrees that this Guaranty shall not be discharged except by payment pay­ment of the Debt in full, complete performance of all obligations of the Obligors under the Loan Credit Documents and termination of each Lender's ’s obligation--if any--to make any further advances under the Credit Agreement Note or extend other financial accommodations to any Obligor. SECTION 3.5.

Not a Collection Guaranty. This is an absolute guaranty of payment payment, and an absolute guaranty of performance of all of the obligations of the Obligors under the Loan Documents, and not of collection, and to the fullest extent not prohibited by applicable law, each Guarantor WAIVES any right to require that any action be brought against any Obligor or any other Person, or that any Lender or Agent be required to enforce, attempt to enforce or exhaust any rights, benefits or privileges of any Lender or Agent under any of the Loan Documents, by law or otherwise; provided that nothing herein shall be construed to prevent any Lender or Agent from exercising and enforcing at any time any right, benefit or privilege which any Lender or Agent may have under any Loan Document or by law from time to time, and at any time, and Guarantor agrees Guarantors agree that its Guarantors’ obligations hereunder are--—and shall be--—absolute, independent independent, unconditional, joint and unconditional several under any and all circumstances. Should any Lender or Agent seek to enforce Guarantor's Guarantors’ obligations by action in any court, to the fullest extent not prohibited by applicable law, each Guarantor WAIVES any requirement, substantive or procedural, that (a) any Lender or Agent pursue any foreclosure action, realize or attempt to realize on any security or preserve or enforce any deficiency claim against any Obligor or any other Person after any such realization, (b) a judgment first be sought or rendered against any Obligor or any other Person, (c) any Obligor or any other Person be joined in such action or (d) a separate action be brought against any Obligor or any other Person. Guarantor's Guarantors’ obligations under this Guaranty are several from those of any other Obligor or any other Person, and are primary obligations concerning which Guarantor is Guarantors are the principal obligorobligors. All waivers in this Guaranty or any of the Loan Documents shall be without prejudice to any Lender or Agent at its option to proceed against any Obligor or any other Person, whether by separate action or by joinder. Guarantor agrees Guarantors agree that this Guaranty shall not be discharged except by payment of the Debt Guaranteed Obligations in full, complete performance of all obligations of the Obligors under the Loan Documents and termination of each Lender's obligation--’s obligation if any--—to make any further advances under the Credit Agreement Loan Documents or extend other financial accommodations to any Obligor. SECTION 3.5.

Not a Collection Guaranty. This is an absolute guaranty of payment payment, and an absolute guaranty of performance of all of the obligations of the Obligors under the Note Documents, and not of collection, and to the fullest extent not prohibited by applicable law, each Guarantor WAIVES waives any right to require that any action be brought against any Obligor or any other Person, or that any Lender or Agent Purchaser be required to enforce, attempt to enforce or exhaust any rights, benefits or privileges of any Lender or Agent Purchaser under any of the Loan Note Documents, by law or otherwise; provided that nothing herein shall be construed to prevent any Lender or Agent Purchaser from exercising and enforcing at any time any right, benefit or privilege which any Lender or Agent Purchaser may have under any Loan Note Document or by law from time to time, and at any time, and Guarantor agrees Guarantors agree that its Guarantors' obligations hereunder are--are _ and shall be--be _ absolute, independent independent, unconditional, joint and unconditional several under any and all circumstances. Should any Lender or Agent Purchaser seek to enforce Guarantor's Guarantors' obligations by action in any court, to the fullest extent not prohibited by applicable law, each Guarantor WAIVES waives any requirement, substantive or procedural, that (a) any Lender or Agent Purchaser pursue any foreclosure action, realize or attempt to realize on any security or preserve or enforce any deficiency claim against any Obligor or any other Person after any such realization, (b) a judgment first be sought or rendered against any Obligor or any other Person, (c) any Obligor or any other Person be joined in such action or (d) a separate action be brought against any Obligor or any other Person. Guarantor's Guarantors' obligations under this Guaranty are several from those of any other Obligor or any other Person, and are primary obligations concerning which Guarantor is Guarantors are the principal obligorobligors. All waivers in this Guaranty or any of the Loan Note Documents shall be without prejudice to any Lender or Agent Purchaser at its option to proceed against any Obligor or any other Person, whether by separate action or by joinder. Guarantor agrees Guarantors agree that this Guaranty shall not be discharged except by payment of the Debt in full, complete performance of all obligations of the Obligors under the Loan Note Documents and termination of each LenderPurchaser's obligation--if any--to any- -to make any further advances under the Credit Agreement Note Documents or extend other financial accommodations to any Obligor. SECTION 3.5.

Not a Collection Guaranty. This is an absolute guaranty of payment payment, and not of collection, and each Guarantor WAIVES any right to require that any action be brought against any Obligor or any other Personperson, or that any Lender or Agent be required to enforce, attempt to enforce or exhaust any of Lender’s rights, benefits or privileges of any Lender or Agent under any of the Loan Documents, by law or otherwise; provided that nothing herein shall be construed to prevent any Lender or Agent from exercising and enforcing at any time any right, benefit or privilege which any Lender or Agent may have under any Loan Document or by law from time to time, and at any time, ; and Guarantor agrees that its Guarantor’s obligations hereunder are--—and shall be--—absolute, independent independent, unconditional, joint and unconditional several under any and all circumstances. Should any Lender or Agent seek to enforce Guarantor's ’s obligations by action in any court, Guarantor WAIVES any requirement, substantive or procedural, that (a) any Lender or Agent pursue any foreclosure action, realize or attempt to realize on any security or preserve or enforce any deficiency claim against any Obligor or any other Person person after any such realization, (b) a judgment first be sought or rendered against any Obligor or any other Personperson, (c) any Obligor or any other Person person be joined in such action or (d) a separate action be brought against any Obligor or any other Personperson. Guarantor's ’s obligations under this Guaranty are several from those of any other Obligor or any other Personperson, and are primary obligations concerning which Guarantor is the principal obligor. All waivers in this Guaranty or any of the Loan Documents shall be without prejudice to any Lender or Agent at its option to proceed against any Obligor or any other Personperson, whether by separate action or by joinder. Guarantor agrees that this Guaranty shall not be discharged except by payment of the Debt Obligation in full, full and complete performance of all obligations of the Obligors under the Loan Documents and termination of each Lender's obligation--if any--to make any further advances under the Credit Agreement or extend other financial accommodations to any Obligor. SECTION 3.5Documents.

Not a Collection Guaranty. This Guaranty is an absolute guaranty of payment and not of collection, and Guarantor WAIVES waives any right to require that any action be brought against any Obligor Borrower or any other Person, or that any Lender or Agent be required to enforce, attempt to enforce or exhaust any of Lender's rights, benefits or privileges of any Lender or Agent under any of the Loan Documents, by law or otherwise; provided that nothing herein shall be construed to prevent any Lender or Agent from exercising and enforcing at any time any right, benefit or privilege which any Lender or Agent may have under any Loan Document or by law from time to time, and at any time, and Guarantor agrees that its Guarantor's obligations hereunder are--, and shall be--, absolute, independent and unconditional under any and all circumstances. Should any Lender or Agent seek to enforce Guarantor's obligations by action in any court, Guarantor WAIVES waives any requirement, substantive or procedural, that (a) any Lender or Agent pursue any foreclosure action, realize action or attempt to realize on any security or preserve or enforce any deficiency claim against any Obligor or any other Person after any such realization, (b) that a judgment first be sought or rendered against any Obligor or any other Person, (c) any Obligor Borrower or any other Person be joined in such action cause or (d) that a separate action be brought against any Obligor Borrower or any other Person. The Guarantor's obligations under this Guaranty are several from those of any other Obligor or any other Person, and are primary obligations concerning which the Guarantor is the principal obligor. All waivers in this Guaranty or any of the Loan Documents shall be without prejudice to any Lender or Agent at its option to proceed against any Obligor or any other Person, whether by separate action or by joinder. The Guarantor agrees that this Guaranty shall not be discharged except by indefeasible payment of the Debt Obligations in full, complete performance of all obligations of the Obligors Borrower and Guarantor under the Loan Documents and termination of each Lender's obligation--, if any--, to make any further advances under the Credit Agreement Note or extend other financial accommodations to any Obligor. SECTION 3.5Borrower or Guarantor.

Not a Collection Guaranty. This is an absolute guaranty of payment payment, and not of collection, and each Guarantor WAIVES any right to require that any action be brought against any Obligor or any other Person, or that Administrative Agent or any Lender or Agent be required to enforce, attempt to enforce or exhaust any of its rights, benefits or privileges of any Lender or Agent under any of the Loan Documents, by law or otherwise; provided that nothing herein shall be construed to prevent Administrative Agent or any Lender or Agent from exercising and enforcing at any time any right, benefit or privilege which any Lender or Agent it may have under any Loan Document or by law from time to time, and at any time, and each Guarantor agrees that its such Guarantor’s obligations hereunder are--and shall be--absolute, independent and unconditional under any and all circumstances. Should Administrative Agent or any Lender or Agent seek to enforce any Guarantor's ’s obligations by action in any court, each Guarantor WAIVES any requirement, substantive or procedural, that (a) any Administrative Agent or such Lender or Agent pursue any foreclosure action, realize or attempt to realize on any security or preserve or enforce any deficiency claim against any Obligor or any other Person after any such realization, (b) a judgment first be sought or rendered against any Obligor or any other Person, (c) any Obligor or any other Person be joined in such action or (d) a separate action be brought against any Obligor or any other Person. Each Guarantor's ’s obligations under this Guaranty are several from those of any other Obligor or any other Person, and are primary obligations concerning which such Guarantor is the principal obligor. All waivers in this Guaranty or any of the Loan Documents shall be without prejudice to Administrative Agent or any Lender or Agent at its option to proceed against any Obligor or any other Person, whether by separate action or by joinder. Each Guarantor agrees that this Guaranty shall not be discharged except by payment of the Debt in and full, complete performance of all obligations of the Obligors under the Loan Documents and termination of each Lender's the obligation--if any--to make any further advances under the Credit Agreement Notes or extend other financial accommodations to any Obligor. SECTION 3.5the Borrower.