Agreement Not Affected. The Purchaser and the Program Agent may proceed to exercise any right or remedy which it might have pursuant to this Article VII or Applicable Law without regard to any actions or omissions of the Purchaser, the Program Agent or any other Person. The validity of this Article VII shall not be affected by any action or inaction which may be taken under or in respect of any Program Document. The Purchaser and the Program Agent at its option may proceed in the first instance against the Parent to obtain a remedy under any Program Document in the amount and in the manner set forth in such Program Document, without being obliged to resort first to any claim or action against the Seller, the Transferor, the Shareholder Servicer, the Distributor (as Distributor, Principal Shareholder Servicer or Servicer) or any other Federated Entity.
Agreement Not Affected. The Purchaser and the Program Agent may proceed to exercise any right or remedy which it might have pursuant to this Article VIII without regard to any actions or omissions of the Purchaser, the Program Agent or any other Person. The validity of this Article VIII shall not be affected by any action or inaction which may be taken under or in respect of any Program Document. The Purchaser and the Program Agent at its option may proceed in the first instance against the Seller to obtain a remedy under any Program Document in the amount and in the manner set forth in such Program Document, without being obliged to resort first to any claim or action against the Distributor, the Advisor or the Transfer Agent.
Agreement Not Affected. The Secured Parties may proceed to exercise any right or remedy which it might have pursuant to this Agreement without regard to any actions or omissions of any Secured Party or any other Person. The validity of this Agreement shall not be affected by any action or inaction which may be taken under or in respect of any Program Document. The Secured Parties at their option may proceed in the first instance against the Parent to obtain a remedy to which it is entitled under any Facility Document in the amount and in the manner set forth in such Facility Document, without being obliged to resort first to any claim or action against the Borrower, the Distributor, any Advisor or any other Person, it being understood that the liability of the Parent is a primary obligation hereunder with respect to each provision of the Facility Documents that binds the Parent. The liabilities and obligations of the Parent under this Agreement shall be absolute, unconditional and irrevocable, irrespective of (a) any lack of validity or enforceability of this Agreement or any other Program Document or any other instrument relating to any thereof or to any of the Borrower Obligations; (b) any change in the corporate existence, structure or ownership of the Borrower, the Parent, any Advisor or any of their Affiliates, or any insolvency, bankruptcy, reorganization or other similar proceeding affecting any such Person or any property of any such Person or any resulting release or discharge of any Borrower Obligation contained in any Facility Document; (c) any defense, set-off or counterclaim which may at any time be available or be asserted by the Borrower, the Distributor, any Advisor, any of their respective Affiliates or any other Person against any Secured Party; or (d) any other circumstance which might otherwise constitute a suretyship or other defense available to, or a legal or equitable discharge of, the Borrower, the Distributor, any Advisor, any of their respective Affiliates or any other guarantor of any of the Borrower Obligations.
Agreement Not Affected. Without limiting the generality of the foregoing Sections or any other term or provision of this Agreement, each Borrower (in its capacity as a guarantor under the Guaranty) covenants, agrees and consents that, at any time, and from time to time: (a) the Loans may be advanced, repaid and readvanced from time to time, or the amount of the Loans, the rate of interest thereon, any other Obligation or the credit availability may be increased or otherwise changed; (b) the time, manner, place and other terms and provisions of payment or performance of any one or more of the Obligations may be extended, modified, amended, restated or otherwise changed; (c) any partial or late payment or any payment during the continuance of any Default under any Loan Instrument may be accepted in whole or in part or rejected; (d) any Collateral securing or intending to secure anyone's obligations under any Loan Instrument may be surrendered, repossessed, sequestered, judicially or nonjudicially foreclosed, conveyed or assigned (by deed in lieu of foreclosure or otherwise), sold, leased or otherwise realized upon, dealt with or disposed of, in whole or in part, whether to the Administrative Agent, the Fronting Bank or any other Bank, its designee or otherwise; (e) any mortgage or other security interest in any such Collateral may be held without due recordation or other perfection (whether intentionally or otherwise), may be recorded or otherwise perfected, or may be assigned, released, subordinated or otherwise impaired, dealt with or disposed of in whole or in part; (f) any one or more payments, distributions and proceeds received from or in respect of such Borrower, any other Borrower or any other Person or any Collateral, if not expressly designated for or otherwise restricted to a particular obligation, may be applied in the discretion of the Administrative Agent, the Fronting Bank or any other Bank to the Obligations or to other Indebtedness or obligations (including interest) of such Borrower, any other Borrower or any such other Person owed to the Administrative Agent, the Fronting Bank or any other Bank or any of its Affiliates; (g) the liability of such Borrower, any other Borrower or any other Person to pay any and all of the Obligations may be settled, compromised, adjusted, forgiven, released or affected by any other accommodation, in whole or in part, and payment of any and all of the Obligations of any Borrower may be subordinated to the prior payment of any other d...
Agreement Not Affected. The Parties agree that they will continue to fulfil their obligations under this Agreement while a Dispute is being determined in accordance with this clause 32.
