Common use of Separate Exercise of Remedies Clause in Contracts

Separate Exercise of Remedies. Administrative Agent (on behalf of the Lenders) may exercise remedies against each Fund Guarantor and its property separately, whether or not Administrative Agent exercises remedies against the other Fund Guarantors or their properties. Administrative Agent may enforce one or more Fund Guarantor’s obligations without enforcing any other Fund Guarantor’s obligations and vice versa. Any failure or inability of Administrative Agent to enforce one or more Fund Guarantor’s obligations shall not in any way limit Administrative Agent’s right to enforce the obligations of the other Fund Guarantors. If Administrative Agent forecloses or exercises similar remedies under any one or more Collateral Documents, then such foreclosure or similar remedy shall be deemed to reduce the balance of the Fund Guaranteed Obligations only to the extent of the cash proceeds actually realized by the Lenders from such foreclosure or similar remedy or, if applicable, Administrative Agent’s credit bid at such sale, regardless of the effect of such foreclosure or similar remedy on the Fund Guaranteed Obligations secured by such Collateral Documents under the applicable state Law. Notwithstanding anything to the contrary herein this subsection (c), any reference to the Fund Guarantors’ obligations, or remedies against any Fund Guarantor’s property, is only with respect to the Fund Borrower Guaranty and each Fund Guarantor’s obligations thereunder with respect to the Fund Guaranteed Obligations.

Separate Exercise of Remedies. The Administrative Agent (on behalf of the LendersSecured Parties) may exercise remedies against each Fund Guarantor Borrower and its property separately, whether or not the Administrative Agent exercises remedies against the any other Fund Guarantors Borrower or their propertiesits property. The Administrative Agent may enforce one or more Fund GuarantorBorrower’s obligations without enforcing any other Fund GuarantorBorrower’s obligations and vice versa. Any failure or inability of the Administrative Agent to enforce one or more Fund GuarantorBorrower’s obligations shall not in any way limit the Administrative Agent’s right to enforce the obligations of the other Fund GuarantorsBorrowers. If the Administrative Agent forecloses or exercises similar remedies under any one or more Collateral Documents, then such foreclosure or similar remedy shall be deemed to reduce the balance of the Fund Guaranteed Obligations Loans only to the extent of the cash proceeds actually realized by the Lenders from such foreclosure or similar remedy or, if applicable, the Administrative Agent’s credit bid at such sale, regardless of the effect of such foreclosure or similar remedy on the Fund Guaranteed Obligations Loans secured by such Collateral Documents under the applicable state Lawlaw. Notwithstanding anything For the avoidance of doubt, notwithstanding any other provision of this Credit Agreement, each Qualified Borrower is liable only for its payment obligations under its Qualified Borrower Note and is not liable for any other Obligations on any basis. All Loans and Letters of Credit provided to a Qualified Borrower hereunder shall be guaranteed only by the contrary herein this subsection (c)applicable Borrower or Borrowers in accordance with the applicable Qualified Borrower Guaranty, any reference to and such Borrower or Borrowers shall be jointly and severally liable with such Qualified Borrower for the Fund Guarantors’ obligations, or remedies against any Fund Guarantor’s property, is only with respect to full amount of the Fund Borrower Guaranty Loans and each Fund Guarantor’s obligations thereunder with respect to the Fund Guaranteed ObligationsLetters of Credit and other Obligations of such Qualified Borrower.

Separate Exercise of Remedies. Subject to Section 13.1 and any limitations set forth in the Mortgages, Administrative Agent (on behalf of the Lenders) may exercise remedies against each Fund Guarantor Borrower and its property separately, whether or not Administrative Agent exercises remedies against the any other Fund Guarantors Borrower or their propertiesits property. Administrative Agent may enforce one or more Fund Guarantor’s Borrowers’ obligations without enforcing any the other Fund Guarantor’s obligations and vice versaBorrowers’ obligations. Any failure or inability of Administrative Agent to enforce one or more Fund Guarantor’s Borrowers’ obligations shall not in any way limit Administrative Agent’s right to enforce the obligations of the any other Fund GuarantorsBorrower. If Administrative Agent forecloses or exercises similar remedies under any one or more Collateral DocumentsMortgage(s), then such foreclosure or similar remedy shall be deemed to reduce the balance of the Fund Guaranteed Obligations Loans only to the extent of the cash proceeds actually realized by the Lenders from such foreclosure or similar remedy or, if applicable, Administrative Agent’s credit bid at such sale, regardless of the effect of such foreclosure or similar remedy on the Fund Guaranteed Obligations Note(s) or Guaranties actually secured by such Collateral Documents Mortgage(s) under the applicable state Lawlaw. Notwithstanding anything If Administrative Agent accepts a deed in lieu of foreclosure of any one or more Projects from one or more Borrowers, then such acceptance shall not be deemed to diminish any other Borrower’s liability for the full amount of the Loans and such Borrower’s other liabilities under this Agreement and the other Loan Documents, except to the contrary herein this subsection (c), any reference to extent that Administrative Agent and the Fund Guarantors’ obligations, or remedies against any Fund Guarantor’s property, is only with respect to the Fund Borrower Guaranty and each Fund Guarantor’s obligations thereunder with respect to the Fund Guaranteed ObligationsLenders otherwise agree in writing.