Primary Liability. The liability of Guarantor with respect to the Sterling Transaction Documents shall be joint and several, primary, direct and immediate, and Lessor may proceed against any Guarantor: (i) prior to or in lieu of proceeding against Lessee, its assets, any security deposit, or any other guarantor; and (ii) prior to or in lieu of pursuing any other rights or remedies available to Lessor. All rights and remedies afforded to Lessor by reason of this Guaranty or by law are separate, independent and cumulative, and the exercise of any rights or remedies shall not in any way limit, restrict or prejudice the exercise of any other rights or remedies. In the event of any default under any Sterling Transaction Document, a separate action or actions may be brought and prosecuted against the Guarantors, or any one of them, whether or not Lessee is joined therein or a separate action or actions are brought against Lessee. Lessor may maintain successive actions for other defaults. Lessor's rights hereunder shall not be exhausted by its exercise of any of its rights or remedies or by any such action or by any number of successive actions until and unless all indebtedness and obligations the payment and performance of which are hereby guaranteed have been paid and fully performed.
Appears in 2 contracts
Sources: Settlement Agreement (Omega Healthcare Investors Inc), Guaranty (Advocat Inc)
Primary Liability. The liability of Guarantor with respect to the Sterling Transaction Documents shall be joint and several, under this Guaranty is primary, direct and immediate, and and, upon the occurrence of a Guaranty Default, Lessor may proceed against any Guarantor: (ia) prior to or in lieu of proceeding against Lesseeany Subsidiary, its assets, any security deposit, deposit or any other guarantor; and (iib) prior to or in lieu of pursuing any other rights or remedies available to Lessor. All rights and remedies afforded to Lessor by reason of this Guaranty or by law are separate, independent and cumulative, and the exercise of any rights or remedies shall not in any way limit, restrict or prejudice the exercise of any other rights or remedies. In Upon the event occurrence of any default under any Sterling Transaction Documenta Guaranty Default, a separate Lessor may bring and prosecute against Guarantor an action or actions may be brought and prosecuted against the Guarantorsunder this Guaranty, or any one regardless of them, whether or not Lessee Peak Subsidiary is joined therein or a separate action or actions are brought against LesseePeak Subsidiary. Lessor may maintain successive actions for other defaults. Lessor's rights hereunder shall not be exhausted by its exercise of any of its rights or remedies or by any such action or by any number of successive actions until and unless all indebtedness and obligations the payment and performance of which are hereby guaranteed Obligations have been paid and fully performed.
Appears in 2 contracts
Sources: Guaranty (Monarch Properties Inc), Guaranty (Monarch Properties Inc)
Primary Liability. The liability of Guarantor with respect to the Sterling Transaction Documents shall be joint and several, under this Guaranty is primary, direct and immediate, and and, upon the occurrence of a Guaranty Default, Lessor may proceed against any Guarantor: (ia) prior to or in lieu of proceeding against Lesseeany Subsidiary, its assets, any security deposit, deposit or any other guarantor; and (iib) prior to or in lieu of pursuing any other rights or remedies available to Lessor. All rights and remedies afforded to Lessor by reason of this Guaranty or by law are separate, independent and cumulative, and the exercise of any rights or remedies shall not in any way limit, restrict or prejudice the exercise of any other rights or remedies. In Upon the event occurrence of any default under any Sterling Transaction Documenta Guaranty Default, a separate Lessor may bring and prosecute against Guarantor an action or actions may be brought and prosecuted against the Guarantorsunder this Guaranty, regardless of whether Lyric Holdings or any one of them, whether or not Lessee Subsidiary is joined therein or a separate action or actions are brought against Lesseeany Subsidiary. Lessor may maintain successive actions for other defaults. Lessor's rights hereunder shall not be exhausted by its exercise of any of its rights or remedies or by any such action or by any number of successive actions until and unless all indebtedness and obligations the payment and performance of which are hereby guaranteed Obligations have been paid and fully performed.
Appears in 1 contract
Sources: Guaranty (Monarch Properties Inc)
Primary Liability. The liability of Guarantor with respect to the Sterling Transaction Documents shall be joint and several, under this Guaranty is primary, direct and immediate, and and, upon the occurrence of a Guaranty Default, Lessor may proceed against any Guarantor: (ia) prior to or in lieu of proceeding against LesseeTHI Subsidiary, its assets, any security deposit, deposit or any other guarantor; and (iib) prior to or in lieu of pursuing any other rights or remedies available to Lessor. All rights and remedies afforded to Lessor by reason of this Guaranty or by law are separate, independent and cumulative, and the exercise of any rights or remedies shall not in any way limit, restrict or prejudice the exercise of any other rights or remedies. In Upon the event occurrence of any default under any Sterling Transaction Documenta Guaranty Default, a separate Lessor may bring and prosecute against Guarantor an action or actions may be brought and prosecuted against the Guarantorsunder this Guaranty, or any one regardless of them, whether or not Lessee THI Subsidiary is joined therein or a separate action or actions are brought against LesseeTHI Subsidiary. Lessor may maintain successive actions for other defaults. Lessor's rights hereunder shall not be exhausted by its exercise of any of its rights or remedies or by any such action or by any number of successive actions until and unless all indebtedness and obligations the payment and performance of which are hereby guaranteed Obligations have been paid and fully performed.
Appears in 1 contract
Sources: Guaranty (Monarch Properties Inc)