Common use of Rights and Remedies Clause in Contracts

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 189 contracts

Sources: Guaranty of Nonrecourse Carveout Obligations (Generation Income Properties, Inc.), Guaranty (Alexanders Inc), Guaranty of Recourse Obligations (Alexanders Inc)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower Seller to LenderBuyer, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender Buyer hereunder shall be cumulative of any and all other rights that Lender Buyer may ever have against Guarantor. The exercise by Lender Buyer of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 15 contracts

Sources: Guaranty (Principal Credit Real Estate Income Trust), Guaranty (FS Credit Real Estate Income Trust, Inc.), Guaranty (Cim Real Estate Finance Trust, Inc.)

Rights and Remedies. If any Guarantor becomes liable for any indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 12 contracts

Sources: Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.), Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.), Guaranty of Recourse Obligations (Generation Income Properties, Inc.)

Rights and Remedies. If any Guarantor becomes liable for any indebtedness owing by any Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against any such Guarantor. The To the extent permitted by applicable law, the exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 8 contracts

Sources: First Mezzanine Guaranty Agreement (Morgans Hotel Group Co.), Guaranty Agreement (Morgans Hotel Group Co.), Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by any Borrower or Operating Lessee to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 6 contracts

Sources: Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under this GuarantyGuaranty Agreement, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, instrument or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 4 contracts

Sources: Unconditional Guaranty Agreement, Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx)

Rights and Remedies. If any Guarantor becomes liable for any indebtedness owing by any Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against such Guarantor. The To the extent permitted by applicable law, the exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 4 contracts

Sources: Third Mezzanine Closing Guaranty of Completion (Morgans Hotel Group Co.), Loan Agreement (Morgans Hotel Group Co.), Closing Guaranty of Completion (Morgans Hotel Group Co.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to LenderBank, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender Bank hereunder shall be cumulative of any and all other rights that Lender Bank may ever have against Guarantor. The exercise by Lender Bank of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 4 contracts

Sources: Unconditional Guaranty Agreement (Tidel Technologies Inc), Unconditional Guaranty Agreement (Tidel Technologies Inc), Unconditional Guaranty Agreement (Tidel Technologies Inc)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under pursuant to this Guaranty, such liability shall not be in any manner impaired or affected hereby hereby, and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 4 contracts

Sources: Guaranty of Recourse Obligations (EQT Exeter Real Estate Income Trust, Inc.), Guaranty of Recourse Obligations (Stratus Properties Inc), Guaranty of Recourse Obligations (Strategic Storage Trust VI, Inc.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness Indebtedness owing by Borrower to LenderLenders, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender Agent and Lenders hereunder shall be cumulative of any and all other rights that Lender Agent and/or Lenders may ever have against Guarantor. The exercise by Lender Agent of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 4 contracts

Sources: Guaranty (Sothebys), Guaranty of Recourse Carveouts (Hilton Worldwide Holdings Inc.), Guaranty of Carry Obligations (Alexanders Inc)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to LenderLender under the Loan, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 4 contracts

Sources: Guaranty (Inland American Real Estate Trust, Inc.), Guaranty (Inland American Real Estate Trust, Inc.), Guaranty (Inland American Real Estate Trust, Inc.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against such Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 3 contracts

Sources: Guaranty (Carter Validus Mission Critical REIT, Inc.), Guaranty (Grubb & Ellis Healthcare REIT II, Inc.), Guaranty (FX Real Estate & Entertainment Inc.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to Agent or any Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Agent and Lender hereunder shall be cumulative of any and all other rights that Agent or any Lender may ever have against Guarantor. The exercise by Agent and Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 3 contracts

Sources: Guaranty of Completion (ACRES Commercial Realty Corp.), Guaranty of Recourse Obligations (ACRES Commercial Realty Corp.), Guaranty of Retail Space (ACRES Commercial Realty Corp.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to Agent or Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Agent and Lender hereunder shall be cumulative of any and all other rights that Agent and Lender may ever have against Guarantor. The exercise by Agent or Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 3 contracts

Sources: Guaranty of Completion (Allegiant Travel CO), Non Recourse Carve Out Guaranty Agreement (Allegiant Travel CO), Guaranty of Payment (Allegiant Travel CO)

Rights and Remedies. If any Guarantor becomes liable for any indebtedness owing by Borrower any one or both of the Borrowers to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 3 contracts

Sources: Guaranty of Recourse Obligations (American Realty Capital Hospitality Trust, Inc.), Real Estate Sale Agreement (W2007 Grace Acquisition I Inc), Real Estate Sale Agreement (American Realty Capital Hospitality Trust, Inc.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower Borrowers to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 3 contracts

Sources: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Guaranty Agreement (Maguire Properties Inc)

Rights and Remedies. If any Guarantor becomes liable for any indebtedness owing by Borrower or any Individual Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 3 contracts

Sources: Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.), Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.), Guaranty of Recourse Obligations (Hospitality Investors Trust, Inc.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby hereby, and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 2 contracts

Sources: Guaranty (Infousa Inc), Guaranty (Infousa Inc)

Rights and Remedies. If the Guarantor becomes liable for any indebtedness owing by any Borrower to Lenderthe Agent or Lenders, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender the Agent hereunder shall be cumulative of any and all other rights that Lender the Agent and the Lenders may ever have against the Guarantor. The exercise by Lender the Agent of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 2 contracts

Sources: Guaranty (Emrise CORP), Guaranty (Emrise CORP)

Rights and Remedies. If a Guarantor becomes liable for any indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against such Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 2 contracts

Sources: Non Recourse Guaranty (Net Element International, Inc.), Limited Liability Company Agreement (Hudson Pacific Properties, Inc.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender Administrative Agent hereunder shall be cumulative of any and all other rights that Lender Administrative Agent may ever have against Guarantor. The exercise by Lender Administrative Agent of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 2 contracts

Sources: Guaranty Agreement (MGM Resorts International), Guaranty Agreement (MGM Resorts International)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower or Operating Lessee to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 2 contracts

Sources: Guaranty Agreement (Park Hotels & Resorts Inc.), Guaranty Agreement (Park Hotels & Resorts Inc.)

Rights and Remedies. If any Guarantor becomes liable for any indebtedness owing by any Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.such

Appears in 1 contract

Sources: Guaranty of Completion (Morgans Hotel Group Co.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to Lenderthe Company, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty (Global Employment Holdings, Inc.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all at i other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty of Nonrecourse Carveout Liabilities and Obligations (Generation Income Properties, Inc.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower Debtor to LenderCreditor, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender Creditor hereunder shall be cumulative of any and all other rights that Lender Creditor may ever have against Guarantor. The exercise by Lender Creditor of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty (Naturade Inc)

Rights and Remedies. If Guarantor becomes either or both Guarantors become liable for any indebtedness owing by Borrower Borrowers to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor274 Guarantors. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty of Recourse Obligations (Horizon Group Properties Inc)

Rights and Remedies. If any Guarantor becomes liable for any indebtedness owing by Borrower any Obligor to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty (Ventas Inc)

Rights and Remedies. If any Guarantor becomes liable for any indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under this GuarantyGuaranty Agreement, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against such Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Revolving Credit Agreement (Cross Timbers Oil Co)

Rights and Remedies. If any Guarantor becomes liable for any indebtedness owing by any Borrower to Lenderthe Agent or Lenders, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender the Agent hereunder shall be cumulative of any and all other rights that Lender the Agent and the Lenders may ever have against such Guarantor. The exercise by Lender the Agent of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty (Emrise CORP)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to Lender, . by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty of Nonrecourse Carveout Liabilities and Obligations (Generation Income Properties, Inc.)

Rights and Remedies. If any Guarantor becomes liable for any indebtedness owing by any Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against such Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty of Recourse Obligations (Ventas Inc)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to Lenderthe Company, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.. 5

Appears in 1 contract

Sources: Guaranty Agreement (Entrust Financial Services Inc)

Rights and Remedies. If Guarantor becomes either or both Guarantors become liable for any indebtedness owing by Borrower Borrowers to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against GuarantorGuarantors. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty of Recourse Obligations (Horizon Group Properties Inc)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by any Borrower or Operating Lessee to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the Pool 2 rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to LenderAgent, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender Agent hereunder shall be cumulative of any and all other rights that Lender Agent may ever have against Guarantor. The exercise by Lender Agent of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Indemnification & Liability (CURO Group Holdings Corp.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty of Recourse Obligations (Glimcher Realty Trust)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower or Property Owner to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty Agreement (ESH Hospitality, Inc.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by any Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty Agreement (Inland American Real Estate Trust, Inc.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower Issuers to LenderTrustee or any Noteholder, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender Trustee hereunder shall be cumulative of any and all other rights that Lender Trustee may ever have against Guarantor. The exercise by Lender Trustee for the benefit of Noteholders of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty Agreement (Kerzner International LTD)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to LenderLenders, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender Administrative Agent and Lenders hereunder shall be cumulative of any and all other rights that Lender Administrative Agent and Lenders may ever have against Guarantor. The exercise by Lender Administrative Agent and Lenders of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty Agreement (Centro NP LLC)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be Exhibit 10.4 cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.. 5.11

Appears in 1 contract

Sources: Guaranty

Rights and Remedies. If any Guarantor becomes liable for any indebtedness owing by Borrower to Administrative Agent or any Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender Lenders hereunder shall be cumulative of any and all other rights that Lender Administrative Agent and Lenders may ever have against such Guarantor. The exercise by Administrative Agent or any Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty Agreement (Altitude International Holdings, Inc.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under this GuarantyGuaranty Agreement, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Unconditional Guaranty Agreement (Dsi Toys Inc)

Rights and Remedies. If Guarantor becomes liable for any indebtedness Indebtedness owing by Borrower Borrowers to LenderBanks, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender Agent and Banks hereunder shall be cumulative of any and all other rights that Lender Agent and/or Banks may ever have against Guarantor. The exercise by Lender Agent of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty of Recourse Carveouts (EnerJex Resources, Inc.)

Rights and Remedies. If Guarantor becomes liable for any ------------------- indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty (Wellington Properties Trust)

Rights and Remedies. If any Guarantor becomes liable for any indebtedness owing by the Borrower to the Lender, by endorsement or otherwise, other than under this Guaranty, then such liability shall not be in any manner impaired or affected hereby and the rights of the Lender hereunder shall be cumulative of any and all other rights that the Lender (or any of them) may ever have against such Guarantor. The exercise by the Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Loan Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.)

Rights and Remedies. If Guarantor becomes liable for any indebtedness owing by any Borrower or Operating Lessee to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the Pool 1 rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc)

Rights and Remedies. If any Guarantor becomes liable for any indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against such Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty (GMH Communities Trust)

Rights and Remedies. If any Guarantor becomes liable for any indebtedness owing by Borrower to Lender, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Lender hereunder shall be cumulative of any and all other rights that Lender may ever have against any Guarantor. The exercise by Lender of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

Appears in 1 contract

Sources: Guaranty (Assisted 4 Living, Inc.)