Common use of No Election Clause in Contracts

No Election. Each Noteholder shall, individually or collectively, have the right to seek recourse against the Guarantor to the fullest extent provided for herein for its obligations under this Guaranty. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of such Noteholder’s right to proceed in any other form of action or proceeding or against other parties unless such Noteholder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by or on behalf of any Noteholder against the Company, the Guarantor or any other Person under any document or instrument evidencing obligations of the Company or such other Person to or for the benefit of such Noteholder shall serve to diminish the liability of the Guarantor under this Guaranty except to the extent that such Noteholder unconditionally shall have realized payment by such action or proceeding.

Appears in 6 contracts

Samples: Guaranty Agreement (Smucker J M Co), Guaranty Agreement (Smucker J M Co), Guaranty Agreement (Smucker J M Co)

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No Election. Each Noteholder shall, individually or collectively, have the right to seek recourse against the each Subsidiary Guarantor to the fullest extent provided for herein for its joint and several obligations under this GuarantyGuarantee. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of such Noteholder’s right to proceed in any other form of action or proceeding or against other parties unless such Noteholder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by or on behalf of any Noteholder against the Companyany Issuer, the any Subsidiary Guarantor or any other Person under any document or instrument evidencing obligations of the Company Issuers or such other Person to or for the benefit of such Noteholder shall serve to diminish the liability of the any Subsidiary Guarantor under this Guaranty Guarantee except to the extent that such Noteholder unconditionally shall have realized payment by such action or proceeding.

Appears in 2 contracts

Samples: Note Purchase Agreement (Curtiss Wright Corp), Note Purchase Agreement (Curtiss Wright Corp)

No Election. Each Noteholder shall, individually or collectively, have the right to seek recourse against the each and every Guarantor to the fullest extent provided for herein for its obligations under this Guaranty. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of such Noteholder’s 's right to proceed in any other form of action or proceeding or against other parties unless such Noteholder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by or on behalf of any Noteholder against the Company, the Guarantor or any other Person under any document or instrument evidencing obligations of the Company or such other Person to or for the benefit of such Noteholder shall serve to diminish the liability of the Guarantor under this Guaranty except to the extent that such Noteholder unconditionally shall have realized payment by such action or proceeding.

Appears in 1 contract

Samples: Note Purchase Agreement (Smucker J M Co)

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No Election. Each Noteholder shall, individually or collectively, have the right to seek recourse against the each Guarantor to the fullest extent provided for herein for its obligations under this GuarantyGuaranty Agreement. No election to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of such Noteholder’s 's right to proceed in any other form of action or proceeding or against other parties unless such Noteholder has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by or on behalf of any Noteholder against the Company, the Guarantor Company or any other Person under any document or instrument evidencing obligations of the Company or such other Person to or for the benefit of such Noteholder shall serve to diminish the liability of any of the Guarantor Guarantors under this Guaranty Agreement except to the extent that such Noteholder unconditionally shall have realized payment by such action or proceeding.

Appears in 1 contract

Samples: Guaranty Agreement (WLR Foods Inc)

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