Common use of No Election Clause in Contracts

No Election. The Lender Group shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that the Lender Group finally and unconditionally shall have realized payment in full of the Guarantied Obligations by such action or proceeding.

Appears in 3 contracts

Samples: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (MSX International Inc), Credit Agreement (Dune Energy Inc)

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No Election. The Lender Group shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's ’s right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group under any document or instrument evidencing the Guarantied Guaranteed Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that the Lender Group finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Guaranteed Obligations by such action or proceeding.

Appears in 2 contracts

Samples: Guaranty Agreement (Whitehall Jewelers Holdings, Inc.), Guaranty Agreement (Whitehall Jewelers Holdings, Inc.)

No Election. The Lender Group shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's ’s right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that the Lender Group finally and unconditionally shall have realized payment in full of the Guarantied Obligations by such action or proceeding.

Appears in 2 contracts

Samples: General Continuing Guaranty (Monotype Imaging Holdings Inc.), Credit Agreement (Velocity Express Corp)

No Election. The Lender Group shall have the right to seek recourse against each U.S. Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group under any document or instrument evidencing the U.S. Guarantied Obligations shall serve to diminish the liability of any U.S. Guarantor under this U.S. Guaranty except to the extent that the Lender Group finally and unconditionally shall have realized payment in full of the U.S. Guarantied Obligations by such action or proceeding.

Appears in 1 contract

Samples: Credit Agreement (Take Two Interactive Software Inc)

No Election. The Lender Group shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's ’s right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that the Lender Group finally and unconditionally shall have realized payment Payment in full Full of the Guarantied Obligations by such action or proceeding.

Appears in 1 contract

Samples: Continuing Guaranty (Unifund Financial Technologies, Inc.)

No Election. The Lender Group shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's ’s right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that the Lender Group finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Obligations Obligations, subject to the amount of the Guaranty Limit, by such action or proceeding.

Appears in 1 contract

Samples: General Continuing Guaranty (WHX Corp)

No Election. The Lender Group shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's ’s right to proceed in any other form of action or proceeding or against other parties unless the Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group under any document or instrument evidencing the Guarantied Guaranteed Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that the Lender Group finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Guaranteed Obligations by such action or proceeding.

Appears in 1 contract

Samples: cases.primeclerk.com

No Election. The Lender Group shall have the right to seek recourse against each U.K. Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's ’s right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group under any document or instrument evidencing the U.K. Guarantied Obligations shall serve to diminish the liability of any U.K. Guarantor under this U.K. Guaranty except to the extent that the Lender Group finally and unconditionally shall have realized payment in full of the U.K. Guarantied Obligations by such action or proceeding.

Appears in 1 contract

Samples: Credit Agreement (Take Two Interactive Software Inc)

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No Election. The Lender Purchaser Group shall have the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Purchaser Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Purchaser Group's ’s right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Purchaser Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Purchaser Group under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that the Lender Purchaser Group finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Obligations by such action or proceeding.

Appears in 1 contract

Samples: Securities Purchase Agreement (RXi Pharmaceuticals Corp)

No Election. The Subject to Section 22 hereof, the Lender Group shall have ----------- ---------- the right to seek recourse against each Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, Group has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group under any document or instrument evidencing the Guarantied Obligations shall serve to diminish the liability of any Guarantor under this Guaranty except to the extent that the Lender Group finally and unconditionally shall have realized indefeasible payment in full of the Guarantied Obligations by such action or proceeding.

Appears in 1 contract

Samples: Learningstar Corp

No Election. The Lender Group shall have the right to seek recourse against each U.S. Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's ’s right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group under any document or instrument evidencing the U.S. Guarantied Obligations shall serve to diminish the liability of any U.S. Guarantor under this U.S. Guaranty except to the extent that the Lender Group finally and unconditionally shall have realized payment in full of the U.S. Guarantied Obligations by such action or proceeding.

Appears in 1 contract

Samples: Credit Agreement (Take Two Interactive Software Inc)

No Election. The Lender Group shall have the right to seek recourse against each U.K. Guarantor to the fullest extent provided for herein and no election by any member of the Lender Group to proceed in one form of action or proceeding, or against any party, or on any obligation, shall constitute a waiver of the Lender Group's right to proceed in any other form of action or proceeding or against other parties unless Agent, on behalf of the Lender Group, has expressly waived such right in writing. Specifically, but without limiting the generality of the foregoing, no action or proceeding by the Lender Group under any document or instrument evidencing the U.K. Guarantied Obligations shall serve to diminish the liability of any U.K. Guarantor under this U.K. Guaranty except to the extent that the Lender Group finally and unconditionally shall have realized payment in full of the U.K. Guarantied Obligations by such action or proceeding.

Appears in 1 contract

Samples: Credit Agreement (Take Two Interactive Software Inc)

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