Common use of Waivers of Rights and Defenses Clause in Contracts

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 of each Borrower and Operating Lessee waives any right to require Administrative Agent or any Lender to (ai) proceed against any particular Borrower(s) either Borrower or Operating Lessee(s) Lessee, or any particular Individual Property Collateral or in any particular order of realization, (bii) proceed against or exhaust any Individual PropertyCollateral, or (ciii) pursue any other right or remedy. Each of each Borrower and Operating Lessee agrees that Lender Administrative Agent (on behalf of Lenders) may proceed against each or any either Borrower or Operating Lessee with respect to the obligations of such Borrower or Operating Lessee under this Agreement and the other Loan Documents its Obligations without taking any actions against any the other Borrower(s) or Operating Lessee(s) party and without proceeding against or exhausting any Individual Propertyother Collateral. Each of each Borrower and Operating Lessee agrees that Lender Administrative Agent (on behalf of Lenders) may unqualifiedly exercise (or refrain from exercising) in its sole discretion any or all rights and remedies available to it against any other Borrower(s) either Borrower or Operating Lessee(s) Lessee without impairing LenderAdministrative Agent’s rights and remedies (on behalf of Lenders) in enforcing the obligations Obligations of any such Borrower or Operating Lessee the other party under this Agreement or the other Loan Documents, under as to which each Borrower’s Borrowers’ and Operating Lessee’s liabilities shall remain independent and unconditional. Each of each Borrower and Operating Lessee agrees and acknowledges that LenderAdministrative Agent’s exercise of any certain of such rights or remedies may affect or eliminate any either Borrower’s or Operating Lessee’s right of subrogation or recovery (if any) against any other Borrower or Operating Lessee the other, and that a Borrower or Borrowers and Operating Lessee may incur a partially or totally non-reimbursable liability in performing its obligations under the Loan DocumentsObligations. Without limiting the generality of any other waivers in this Agreement, each of each Borrower and Operating Lessee expressly waives any statutory or other right that each such Borrower or any of them Operating Lessee might otherwise have to require Lender Administrative Agent to exhaust the collateral for the Loan (or collateral Collateral held with respect to any the other Borrower or Operating Lesseeparty before Administrative Agent (on behalf of Lenders) before Lender may proceed against the collateral for the Loan Collateral owned by any such Borrower or Operating Lesseeparty.

Waivers of Rights and Defenses. Each of Borrower and Operating Lessee Owner waives any right to require Lender to (a) proceed against any particular Borrower(s) either Borrower or Operating Lessee(s) Lessee Owner or any particular Individual Property portion of the Collateral or in any particular order of realization, (b) proceed against or exhaust any Individual Propertyportion of the Collateral, or (c) pursue any other right or remedy. Each of Borrower and Operating Lessee Owner agrees that Lender may proceed against each or any of Borrower or Operating Lessee Owner with respect to the obligations of such Borrower or Operating Lessee Owner 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 Propertyportion of the Collateral. Each of Borrower and Operating Lessee Owner agrees that Lender may unqualifiedly exercise in its sole discretion any or all rights and remedies available to it against any other Borrower(s) either Borrower or Operating Lessee(s) Lessee Owner without impairing Lender’s rights and remedies in enforcing the obligations of any such Borrower or Operating Lessee the other party under this Agreement or the other Loan Documents, under which each of Borrower’s and Operating LesseeLessee Owner’s liabilities shall remain independent and unconditional. Each of Borrower and Operating Lessee Owner agrees and acknowledges that Lender’s exercise of any such rights or remedies may affect or eliminate any Borrower’s or Operating LesseeLessee Owner’s right of subrogation or recovery (if any) against any other Borrower or Operating Lessee Owner, as applicable, and that a Borrower or Operating Lessee Owner 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 of Borrower and Operating Lessee Owner 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 Lesseeparty) before Lender may proceed against the collateral for the Loan owned by any such Borrower or Operating LesseeLessee Owner.

Waivers of Rights and Defenses. Each Borrower and Operating Lessee waives any right to require Lender the Administrative Agent to (ai) proceed against any particular Borrower(s) or Operating Lessee(s) or Borrowers, any particular Individual Property Collateral, or in any particular order of realization, (bii) proceed against or exhaust any Individual PropertyCollateral, or (ciii) pursue any other right or remedy. Each Borrower and Operating Lessee agrees that Lender the Administrative Agent may proceed against each or any Borrower or Operating Lessee with respect to the obligations of such Borrower or Operating Lessee under this Credit 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 Propertyother Collateral. Each Borrower and Operating Lessee agrees that Lender the Administrative 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 other Borrower(s) or Operating Lessee(s) Borrower without impairing Lenderthe Administrative Agent’s rights and remedies in enforcing the obligations of any such Borrower or Operating Lessee under this Credit Agreement or the other Loan Documents, under which each every Borrower’s and Operating Lessee’s liabilities shall remain independent and unconditional. Each Borrower and Operating Lessee agrees and acknowledges that Lenderthe Administrative Agent’s exercise of any certain of such rights or remedies may affect or eliminate any such Borrower’s or Operating Lessee’s right of subrogation or recovery (if any) against any or all of the other Borrower or Operating Lessee Borrowers and that a such 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 Credit Agreement, each Borrower and Operating Lessee expressly waives any statutory or other right that each or any of them such Borrower might otherwise have to require Lender the Administrative Agent to exhaust the collateral for the Loan (or collateral Collateral held with respect to any the other Borrower or Operating Lessee) Loan Parties before Lender the Administrative Agent may proceed against the collateral for the Loan Collateral owned by any such Borrower or Operating LesseeBorrower.