Waivers of Rights and Defenses. Guarantor waives any right to require Buyer to (a) proceed against Seller, (b) proceed against or exhaust any Security, or (c) pursue any other right or remedy for Guarantor’s benefit. Guarantor agrees that Buyer may proceed against Guarantor with respect to the Guarantied Obligations without taking any actions against Seller and without proceeding against or exhausting any Security. Guarantor agrees that Buyer may unqualifiedly exercise in its sole discretion (or may waive or release, intentionally or unintentionally) any or all rights and remedies available to it against Seller without impairing Buyer’s rights and remedies in enforcing this Guaranty, under which Guarantor’s liabilities shall remain independent and unconditional. Guarantor agrees and acknowledges that Buyer’s exercise (or waiver or release) of certain of such rights or remedies may affect or eliminate Guarantor’s right of subrogation or recovery against Seller (if any) and that Guarantor may incur a partially or totally nonreimbursable liability in performing under this Guaranty. Guarantor has assumed the risk of any such loss of subrogation rights, even if caused by Buyer’s acts or omissions. If Buyer’s enforcement of rights and remedies, or the manner thereof, limits or precludes Guarantor from exercising any right of subrogation that might otherwise exist, then the foregoing shall not in any way limit Buyer’s rights to enforce this Guaranty. Without limiting the generality of any other waivers in this Guaranty, Guarantor expressly waives any statutory or other right (except as set forth herein) that Guarantor might otherwise have to: (i) limit Guarantor’s liability after a nonjudicial foreclosure sale to the difference between the Guarantied Obligations and the fair market value of the property or interests sold at such nonjudicial foreclosure sale or to any other extent, (ii) otherwise limit Buyer’s right to recover a deficiency judgment after any foreclosure sale, or (iii) require Buyer to exhaust its Security before Buyer may obtain a personal judgment for any deficiency. Any proceeds of a foreclosure or similar sale may be applied first to any obligations of Seller that do not also constitute Guarantied Obligations within the meaning of this Guaranty. Guarantor acknowledges and agrees that any nonrecourse or exculpation provided for in any Transaction Document, or any other provision of a Transaction Document limiting Buyer’s recourse to specific Security or limiting Buyer’s right ...
Waivers of Rights and Defenses. Each Borrower and Operating Lessee waives any right to require Lender to (a) proceed against any particular Borrower(s) or Operating Lessee(s) or any particular Individual Property or in any particular order of realization, (b) proceed against or exhaust any Individual Property, or (c) pursue any other right or remedy. Each Borrower and Operating Lessee agrees that Lender may proceed against each or any Borrower or Operating Lessee with respect to the obligations of such Borrower or Operating Lessee under this Agreement and the other Loan Documents without taking any actions against any other Borrower(s) or Operating Lessee(s) and without proceeding against or exhausting any Individual Property. Each Borrower and Operating Lessee agrees that Lender may unqualifiedly exercise in its sole discretion any or all rights and remedies available to it against any other Borrower(s) or Operating Lessee(s) without impairing Lender’s rights and remedies in enforcing the obligations of any such Borrower or Operating Lessee under this Agreement or the other Loan Documents, under which each Borrower’s and Operating Lessee’s liabilities shall remain independent and unconditional. Each Borrower and Operating Lessee agrees and acknowledges that Lender’s exercise of any such rights or remedies may affect or eliminate any Borrower’s or Operating Lessee’s right of subrogation or recovery (if any) against any other Borrower or Operating Lessee and that a Borrower or Operating Lessee may incur a partially or totally non-reimbursable liability in performing its obligations under the Loan Documents. Without limiting the generality of any other waivers in this Agreement, each Borrower and Operating Lessee expressly waives any statutory or other right that each or any of them might otherwise have to require Lender to exhaust the collateral for the Loan (or collateral held with respect to any other Borrower or Operating Lessee) before Lender may proceed against the collateral for the Loan owned by any such Borrower or Operating Lessee.
Waivers of Rights and Defenses. Each Borrower waives any right to require any Agent to (i) proceed against any particular Borrower, any particular Collateral, or in any particular order of realization, (ii) proceed against or exhaust any Collateral, or (iii) pursue any other right or remedy. Each Borrower agrees that the Agents may proceed against each or any Borrower with respect to the obligations of such Borrower under this Agreement and the other Credit Documents without taking any actions against any other Borrower and without proceeding against or exhausting any other Collateral. Each Borrower agrees that any Agent (on behalf of the Lenders) may unqualifiedly exercise (or refrain from exercising) in its sole discretion any or all rights and remedies available to it against any Borrower without impairing any Agent’s rights and remedies in enforcing the obligations of any Borrower under this Agreement or the other Credit Documents, under which every Borrower’s liabilities shall remain independent and unconditional. Each Borrower agrees and acknowledges that any Agent’s exercise of certain of such rights or remedies may affect or eliminate such Borrower’s right of subrogation or recovery (if any) against the other Borrower and that such Borrower may incur a partially or totally non-reimbursable liability in performing its obligations under the Credit Documents. Without limiting the generality of any other waivers in this Agreement, each Borrower expressly waives any statutory or other right that such Borrower might otherwise have to require the Administrative Agent to exhaust the Collateral held with respect to the other Borrower before any Agent may proceed against the Collateral owned by such Borrower.
Waivers of Rights and Defenses. Guarantor waives any right to require Landlord to proceed against Tenant or pursue any other right or remedy for Guarantor's benefit. Guarantor agrees that Landlord may proceed against Guarantor with respect to the Obligations without taking any action against Tenant. Guarantor agrees that Landlord may unqualifiedly exercise in its sole discretion any or all rights and remedies available to it against Tenant without impairing Landlord's rights and remedies in enforcing this Guaranty, under which Guarantor's liabilities shall remain independent and unconditional.
Waivers of Rights and Defenses. Guarantor waives any right to require Buyer to (a) proceed against Seller, (b) proceed against or exhaust any Security, or (c) pursue any other right or remedy for Guarantor’s benefit. Guarantor agrees that Buyer may proceed against Guarantor with respect to the Guarantied Obligations without taking any actions against Seller and without proceeding against or exhausting any Security. Guarantor agrees that Buyer may unqualifiedly exercise in its sole discretion (or may waive or release, intentionally or unintentionally) any or all rights and remedies available to it against Seller without impairing Buyer’s rights and remedies in enforcing this Guaranty, under which Guarantor’s liabilities shall remain independent and unconditional. Guarantor agrees and acknowledges that Buyer’s exercise (or waiver or release) of certain of such rights or remedies may affect or eliminate Guarantor’s right of subrogation or recovery against Seller (if any) and that Guarantor may incur a partially or totally nonreimbursable liability in performing under this Guaranty. Guarantor has assumed the risk of any such loss of subrogation rights, even if caused by Buyer’s acts or
Waivers of Rights and Defenses. Each Credit Party waives any right to require the Agents to (i) proceed against any particular Credit Party, any particular Collateral, or in any particular order of realization, (ii) proceed against or exhaust any Collateral, or (iii) pursue any other right or remedy. Each Credit Party agrees that the Agents may proceed against each or any Credit Party with respect to the obligations of such Credit Party under this Agreement and the other Credit Documents without taking any actions against any other Credit Party. Each Credit Party agrees that each Agent (on behalf of the Lenders) may unqualifiedly exercise (or refrain from exercising) in the Majority Lenders’ sole discretion any or all rights and remedies available to it against any Credit Party without impairing such Agent’s rights and remedies in enforcing the obligations of any Credit Party under this Agreement or the other Credit Documents, under which each Credit Party’s liabilities shall remain independent and unconditional. Each Credit Party agrees and acknowledges that the Agents’ exercise of certain of such rights or remedies may affect or eliminate such Credit Party’s right of subrogation or recovery (if any) against the other Credit Parties and that such Credit Party may incur a partially or totally non-reimbursable liability in performing its obligations under the Credit Documents. Without limiting the generality of any other waivers in this Agreement, each Credit Party expressly waives any statutory or other right that such Credit Party might otherwise have to require the Agents to exhaust the Collateral held with respect to the other Credit Parties before the Agents may proceed against the Collateral owned by such Credit Party.
Waivers of Rights and Defenses. (a) Guarantor waives any rights and defenses that are or may become available to Guarantor by reason of Sections 2787 to 2855, inclusive, of the California Civil Code.
Waivers of Rights and Defenses. The guaranty, security interest, subordination and other obligations, duties and liabilities of the Guarantor under this Agreement shall be absolute, unconditional and irrevocable irrespective of: (1) any lack of validity, legality or enforceability of the Credit Agreement, any Note or any other Loan Document; (2) the failure of any Senior Creditor or any holder of any Note (a) to assert any claim or demand or to enforce any right or remedy against the Borrower, any other Obligor or any other Person (including any other guarantor) under the provisions of the Credit Agreement, any Note, any other Loan Document or otherwise, or (b) to exercise any right or remedy against any other guarantor of, or collateral securing, any Indebtedness of the Borrower or any other Obligor; (3) any change in the time, manner or place of payment of, or in any other term of, all or any of the Indebtedness of the Borrower or any other Obligor, or any other extension, compromise or renewal of any Indebtedness of the Borrower or any other Obligor; (4) any reduction, limitation, impairment or termination of any Indebtedness of the Borrower or any other Obligor for any reason, including any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to (and the Guarantor hereby waives any right to or claim of) any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality, nongenuineness, irregularity, compromise, unenforceability of, or any other event or occurrence affecting, any Indebtedness of the Borrower, any other Obligor or otherwise; (5) any amendment to, rescission, waiver, or other modification of, or any consent to departure from, any of the terms of the Credit Agreement, any Note or any other Loan Document; (6) any addition, exchange, release, surrender or non-perfection of any collateral, or any amendment to or waiver or release or addition of, or consent to departure from, any other guaranty, held by any Senior Creditor securing any of the Indebtedness of the Borrower or any other Obligor; (7) the insolvency or bankruptcy of, or similar event affecting, the Borrower or any other Obligor; or (8) any other circumstance which might otherwise constitute a defense available to, or a legal or equitable discharge of, the Borrower, any other Obligor, any surety or any guarantor (other than the defense that the Guarantor’s liabilities or obligations shall have been indefeasibly paid in full). The Gua...
Waivers of Rights and Defenses. Borrower waives any right to require the Administrative Agent or any Lender to (a) proceed against any particular collateral or in any particular order of realization, (b) proceed against or exhaust any collateral, or (c) pursue any other right or remedy.
Waivers of Rights and Defenses. Borrower waives any right to require the Lenders to (a) proceed against any particular Mortgaged Property or in any particular order of realization, (b) proceed against or exhaust any Mortgaged Property, or (c) pursue any other right or remedy. Borrower agrees that the Lenders may proceed against Borrower with respect to the Obligations without taking any actions against Borrower and without proceeding against or exhausting any Mortgaged Property. Borrower agrees that the Lenders may unqualifiedly exercise in its sole discretion any or all rights and remedies available to Lenders against Borrower without impairing Lenders' rights and remedies in enforcing the Obligations, under which Borrower's liabilities shall remain independent and unconditional. To the extent that any of the Lenders collect or receive any sums or payments from Borrower or any Collateral, Borrower agrees that the Lenders shall have the right, but not the obligation, to apply such amounts first to that portion of Borrower's indebtedness and obligations that is not secured by the Senior Mortgage, regardless of the manner in which any such payments and/or amounts are otherwise characterized.
