Common use of Amendments, Etc. With Respect to the Obligations Clause in Contracts

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 15 contracts

Samples: Guarantee and Collateral Agreement (Atkore International Group Inc.), Guarantee and Collateral Agreement (Atkore International Group Inc.), Credit Agreement (Nci Building Systems Inc)

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Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(sLender(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 13 contracts

Samples: Term Loan Guarantee and Collateral Agreement (Univar Solutions Inc.), Term Loan Guarantee and Collateral Agreement (Nci Building Systems Inc), Guarantee and Collateral Agreement (SiteOne Landscape Supply, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each The Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any the Guarantor and without notice to or further assent by any the Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party Lender may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Lender and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, increased, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyLender, and the Credit this Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders, the Supermajority Lenders or the applicable Lenders(s)all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party Lender for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each other Secured Party nor any Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 7 or any property subject thereto, except to the extent required by applicable law.

Appears in 7 contracts

Samples: Credit Agreement (Investment Technology Group, Inc.), Credit Agreement (Investment Technology Group, Inc.), Credit Agreement (Investment Technology Group, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor The Company shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor the Company and without notice to or further assent by any Guarantorthe Company, any demand for payment of any of the Borrower Company Guaranteed Obligations made by the Collateral Agent, the Administrative any Agent or any other Secured Party Lender may be rescinded by the Collateral Agent, the Administrative such Agent or such other Secured Party Lender and any of the Borrower Company Guaranteed Obligations continued, and the Borrower Company Guaranteed Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative any Agent or any other Secured PartyLender, and the Credit this Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Majority Lenders or the applicable Lenders(s)all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative any Agent or any other Secured Party Lender for the payment of any of the Borrower Company Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. None of Neither the Collateral Administrative Agent, the Administrative Collateral Agent and each nor any Lender or other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Company Guaranteed Obligations or for the guarantee contained in this Section 2 Article 8 or any property subject thereto, except to the extent required by applicable law.

Appears in 6 contracts

Samples: Credit Agreement (Tennessee Gas Pipeline Co), Credit Agreement (El Paso Natural Gas Co), Subsidiary Guarantee Agreement (El Paso Corp/De)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Hertz Global Holdings, Inc), Credit Agreement (Hd Supply, Inc.), Guarantee and Collateral Agreement (Hd Supply, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Canadian Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Canadian Guarantor and without notice to or further assent by any Canadian Guarantor, any demand for payment of any of the Borrower Obligations made by the ABL Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the ABL Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the ABL Collateral Agent, the Administrative Agent or any other Secured Party, and the ABL Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the ABL Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(sLender(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the ABL Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the ABL Collateral Agent, the Administrative Agent and each other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 4 contracts

Samples: Assumption Agreement (Veritiv Corp), Assumption Agreement (Veritiv Corp), Guarantee and Collateral Agreement (Veritiv Corp)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(sLender(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Cornerstone Building Brands, Inc.), Guarantee and Collateral Agreement (Nci Building Systems Inc), Assumption Agreement (Nci Building Systems Inc)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(sLender(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 4 contracts

Samples: Assumption Agreement (Us LBM Holdings, Inc.), Intercreditor Agreement (Us LBM Holdings, Inc.), Guarantee and Collateral Agreement (Us LBM Holdings, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each U.S. Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any U.S. Guarantor and without notice to or further assent by any U.S. Guarantor, any demand for payment of any of the Borrower Obligations made by the ABL Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the ABL Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the ABL Collateral Agent, the Administrative Agent or any other Secured Party, and the ABL Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the ABL Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(sLender(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the ABL Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the ABL Collateral Agent, the Administrative Agent and each other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 4 contracts

Samples: Assumption Agreement (Veritiv Corp), Assumption Agreement (Veritiv Corp), Assumption and Supplemental Agreement (Veritiv Corp)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the U.S. ABL Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the U.S. ABL Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the U.S. ABL Collateral Agent, the Administrative Agent or any other Secured Party, and the ABL Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the U.S. ABL Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the U.S. ABL Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the U.S. ABL Collateral Agent, the Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 4 contracts

Samples: Collateral Agreement (Hd Supply, Inc.), Guarantee and Collateral Agreement (Hd Supply, Inc.), Credit Agreement (Hd Supply, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum fullest extent permitted by applicable law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and Documents, any other documents executed and delivered in connection therewith therewith, any Swap Agreement and any agreement giving rise to Cash Management Obligations may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)all Lenders, as the case may be, or, solely in the case of any Swap Agreement or any agreement giving rise to Cash Management Obligations, the applicable Hedge Bank or Cash Management Bank) may deem reasonably advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 3 contracts

Samples: Restatement Agreement (Constellation Brands, Inc.), Project Financing Agreement (Constellation Brands, Inc.), Guarantee Agreement (Constellation Brands, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, increased, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Bridge Facility Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith or with any of the other Obligations may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders under the Bridge Facility Agreement or the applicable Lenders(s)all Lenders, as the case may bebe or, in the case of Secured Hedge Agreements or Secured Cash Management Agreements, the counterparties thereto) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other No Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section Article 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Post Holdings, Inc.), Guarantee and Collateral Agreement (Bellring Brands, Inc.), Bridge Facility Agreement (Post Holdings, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum fullest extent permitted by applicable law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party Lender may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Lender and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyLender, and the Credit Agreement and the other Loan Documents Documents, and any other documents executed and delivered in connection therewith therewith, may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)all Lenders, as the case may be) may deem reasonably advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party Lender for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each other Secured Party nor any Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee guarantees contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 3 contracts

Samples: Guarantee Agreement (Constellation Brands, Inc.), Guarantee Agreement (Constellation Brands, Inc.), Guarantee Agreement (Constellation Brands, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party Lender may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Lender and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyLender, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party Lender for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each other Secured Party nor any Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 Guarantee or any property subject thereto, except to the extent required by applicable law.

Appears in 3 contracts

Samples: Credit Agreement (Kennametal Inc), Kennametal Inc, Kennametal Inc

Amendments, Etc. With Respect to the Obligations. To the maximum fullest extent permitted by applicable law, each Guarantor Grantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor Grantor and without notice to or further assent by any GuarantorGrantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and Documents, any other documents executed and delivered in connection therewith therewith, any Swap Agreement and any agreement giving rise to Cash Management Obligations may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)all Lenders, as the case may be, or, solely in the case of any Swap Agreement or any agreement giving rise to Cash Management Obligations, the applicable Hedge Bank or Cash Management Bank) may deem reasonably advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 3 contracts

Samples: Assignment and Assumption (Dole Food Co Inc), Assignment and Assumption (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party Lender may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Lender and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyLender, and the Credit this Agreement and the other Loan Documents and any other documents executed and delivered in connection herewith or therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party Lender for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each other Secured Party nor any Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 10 or any property subject thereto, except to the extent required by applicable law.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Lear Corp), Credit and Guarantee Agreement (Lear Corp)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor The Pledgors shall remain obligated hereunder hereunder, and the Collateral shall remain subject to the Lien granted hereby, notwithstanding that, without any reservation of rights against any Guarantor the Pledgors, and without notice to or further assent by any Guarantorthe Pledgors, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Lender, and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of the Pledgors or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered surrendered, or released by the Collateral Agent, the Administrative Agent or any other Secured PartyLender, and the Credit Agreement and the Agreement, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent Lenders (or the Required Lenders or the applicable Lenders(s)Lenders, as the case may be) may deem advisable from time to time, and any collateral securityguarantee, guarantee or right of offset or other collateral security at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each other nor any Secured Party shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto. The Pledgors waive any and all notice of the creation, except renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Secured Party upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between the Pledgors, on the one hand, and the Administrative Agent and the Secured Parties, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgors waive diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon the Pledgors with respect to the extent required by applicable lawObligations.

Appears in 2 contracts

Samples: Pledge Agreement (Blackbaud Inc), Credit Agreement (Blackbaud Inc)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party Creditor may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Creditor and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee guaranty therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyCreditor, and the Credit Agreement and the other Loan Credit Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, in accordance with their respective terms, as the Collateral Agent or the Administrative Agent (or the Required Lenders under the Credit Agreement, or the applicable Lenders(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee guaranty or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party Creditor for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of Neither the Collateral Agent, the Administrative Agent and each nor any other Secured Party Creditor shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee guaranty contained in this Section 2 Article II or any property subject thereto, except to the extent required by applicable law.

Appears in 2 contracts

Samples: Guaranty and Collateral Agreement (NightHawk Radiology Holdings Inc), Guaranty and Collateral Agreement (NightHawk Radiology Holdings Inc)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Primary Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Primary Obligations continued, and the Borrower Primary Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Primary Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Primary Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 2 contracts

Samples: Canadian Guarantee and Collateral Agreement (Atkore Inc.), Guarantee and Collateral Agreement (Atkore Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor The Company shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor the Company and without notice to or further assent by any Guarantorthe Company, any demand for payment of any of the Borrower Company Guaranteed Obligations made by the Collateral Agent, the Administrative any Agent or any other Secured Party Lender may be rescinded by the Collateral Agent, the Administrative such Agent or such other Secured Party Lender and any of the Borrower Company Guaranteed Obligations continued, and the Borrower Company Guaranteed Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative any Agent or any other Secured PartyLender, and the Credit this Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Majority Lenders or the applicable Lenders(s)all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative any Agent or any other Secured Party Lender for the payment of any of the Borrower Company Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. None of Neither the Collateral Administrative Agent, the Administrative Collateral Agent and each nor any Lender or other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Company Guaranteed Obligations or for the guarantee contained in this Section 2 ARTICLE 8 or any property subject thereto, except to the extent required by applicable law.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (Tennessee Gas Pipeline Co), Subsidiary Guarantee Agreement (El Paso Corp/De)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Affiliate Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Affiliate Guarantor and without notice to or further assent by any Affiliate Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(sLender(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 2 contracts

Samples: Credit Agreement (CHC Group Ltd.), Guarantee Agreement (CHC Group Ltd.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(sLender(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 2 contracts

Samples: Second Lien Guarantee Agreement (Mauser Group B.V.), First Lien Guarantee Agreement (Mauser Group B.V.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party Creditor may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Creditor and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee guaranty therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyCreditor, and the Credit Agreement and the other Loan Credit Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, in accordance with their respective terms, as the Collateral Agent or the Administrative Agent (or the Required Lenders under the Credit Agreement, or the applicable Lenders(s), as the case may be) may deem advisable and, to the extent required by applicable law or the terms of the Credit Documents, the Borrower, from time to time, and any collateral security, guarantee guaranty or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party Creditor for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of Neither the Collateral Agent, the Administrative Agent and each nor any other Secured Party Creditor shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee guaranty contained in this Section 2 Article II or any property subject thereto, except to the extent required by applicable law.

Appears in 2 contracts

Samples: Second Lien Guaranty and Collateral Agreement (HUGHES Telematics, Inc.), Guaranty and Collateral Agreement (HUGHES Telematics, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party Lender may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Lender and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyLender, and the Credit this Agreement and the other Loan Documents and any other documents executed and delivered in connection herewith or therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party Lender for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each other Secured Party nor any Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 Article X or any property subject thereto, except to the extent required by applicable law.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement, Credit and Guarantee Agreement

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any such Guarantor and without notice to or further assent by any such Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and Loan Agreement, the other Loan Documents Documents, and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None , in each case pursuant to the terms of the Collateral Agent, Loan Agreement. Neither the Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 2 contracts

Samples: Guaranty (Veeco Instruments Inc), Guaranty (Marketwise, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum fullest extent permitted by applicable law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and Documents, any other documents executed and delivered in connection therewith therewith, any Swap Agreement and any agreement giving rise to Cash Management Obligations may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)all Lenders, as the case may be, or, solely in the case of any Swap Agreement or any agreement giving rise to Cash Management Obligations, the applicable Hedge Bank or Cash Management Bank) may deem reasonably advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee guarantees contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 2 contracts

Samples: Guarantee Agreement (Constellation Brands, Inc.), Guarantee Agreement (Constellation Brands, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor The Pledgors shall remain obligated hereunder hereunder, and the Collateral shall remain subject to the Lien granted hereby, notwithstanding that, without any reservation of rights against any Guarantor the Pledgors, and without notice to or further assent by any Guarantorthe Pledgors, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Lender, and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of the Pledgors or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered surrendered, or released by the Collateral Agent, the Administrative Agent or any other Secured PartyLender, and the Credit Agreement and the Agreement, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent Lenders (or the Required Lenders or the applicable Lenders(s)Lenders, as the case may be) may deem advisable from time to time, and any collateral securityguarantee, guarantee or right of offset or other collateral security at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each other nor any Secured Party shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto. The Pledgors waive any and all notice of the creation, except renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Secured Party upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between the Pledgors, on the one hand, and the Administrative Agent and the Secured Parties , on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgors waive diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon the Pledgors with respect to the extent required by applicable lawObligations.

Appears in 2 contracts

Samples: Credit Agreement (Blackbaud Inc), Pledge Agreement (Blackbaud Inc)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party Lender may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Lender and any of the Borrower Obligations continued, and the Borrower Obligations, Obligations or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, 11 surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyLender, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party Lender for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each other Secured Party nor any Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 3 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Scotts Miracle-Gro Co)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Neither Administrative Agent and each other nor any Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee guaranty contained in this Section 2 1 or any property Property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Credit Agreement (Hydrofarm Holdings Group, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Administrative Agent, the Administrative Agent any Lender or any other Secured Party Swap Counterparty may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Lender or such Swap Counterparty and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Administrative Agent, the Administrative Agent any Lender or any other Secured PartySwap Counterparty, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or all the applicable Lenders(s)Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Administrative Agent, the Administrative Agent any Lender or any other Secured Party Swap Counterparty for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of Neither the Collateral Administrative Agent, the Administrative Agent and each other Secured Party any Lender, nor any Swap Counterparty shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Credit Agreement (Constellation Energy Partners LLC)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders under the Credit Agreement or the applicable Lenders(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Great North Imports, LLC)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the ABL Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the ABL Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the ABL Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the ABL Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the ABL Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the ABL Collateral Agent, the Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Great North Imports, LLC)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(sLender(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Univar Solutions Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor Each Pledgor shall remain obligated hereunder, and such Pledgor’s obligations hereunder shall not be released, discharged or otherwise affected, notwithstanding that, without any reservation of rights against any Guarantor Pledgor and without notice to to, demand upon or further assent by any GuarantorPledgor (which notice, demand and assent requirements are hereby expressly waived by such Pledgor), (a) any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party or otherwise and any of the Borrower Obligations continued, and ; (b) the Borrower Obligations, or the liability of any other Person upon or for any part thereof, thereof or any collateral security or pledge or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agentby, the Administrative Agent or any other indulgence or forbearance in respect thereof granted by, any Secured Party, and the Credit Agreement and the other Loan Documents and ; (c) any other documents executed and delivered in connection therewith Secured Document may be amended, waived, modified, supplemented supplemented, restated, replaced or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may be) Secured Parties may deem advisable from time to time, and ; (d) any collateral security, pledge, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered surrendered, restated, replaced or released. None ; (e) any additional guarantors, makers or endorsers of the Collateral Agent, Obligations may from time to time be obligated on the Administrative Agent Obligations or any additional security or collateral for the payment and each performance of the Obligations may from time to time secure the Obligations; and (f) any other event shall occur which constitutes a defense or release of sureties generally. No Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee pledge and security grants contained in this Section 2 Article II or any property Property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Pledge Agreement (Exterran Holdings Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Relevant Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Relevant Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Relevant Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the Required Collateral Release Lenders under the Credit Agreement, or the applicable Lenders(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Relevant Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Graphic Packaging Corp)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party Creditor may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Creditor and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee guaranty therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyCreditor, and this Agreement, the Credit Agreement and the other Loan Documents Secured Debt Agreements and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, in accordance with their respective terms, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may beSecured Creditors) may deem advisable from time to time, and any collateral security, guarantee guaranty or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party Creditor for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of Neither the Collateral Agent, the Administrative Agent and each nor any other Secured Party Creditor shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee guaranty contained in this Section 2 Article II or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (WESTMORELAND COAL Co)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each The Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor the Guarantor, and without notice to or further assent by any the Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Administrative Agent, the Administrative Agent any Lender or any other Secured Party Co-Agent may be rescinded by the Collateral Administrative Agent, the Administrative Agent such Lender or such other Secured Party Co-Agent, and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset set-off with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Administrative Agent, the Administrative Agent any Lender or any other Secured PartyCo-Agent, and the Credit Agreement and the Agreement, any Note, any other Loan Documents Credit Document, any Letter of Credit and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent Lenders (or the Required Lenders, the Release Lenders or the applicable Lenders(s)Required Application Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset set-off at any time held by the Collateral Administrative Agent, the Administrative Agent any Lender or any other Secured Party Co-Agent for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of Neither the Collateral Administrative Agent, the Administrative any Lender nor any Co-Agent and each other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 Guarantee or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Citadel Broadcasting Co

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waivedmodified, modifiedextended, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Securities Amendment and Purchase Agreement and the other Loan Transaction Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders Noteholders or the applicable Lenders(s)all Secured Parties, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of Neither the Collateral Agent, the Administrative Agent and each other nor any Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section ARTICLE 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Security Agreement (HC Innovations, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party Person may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Person and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyPerson, and the Credit Agreement and Agreement, the other Loan Documents Documents, the Lender Provided Hedging Agreements, the Lender Provided Financial Service Products and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Majority Lenders, or Required Lenders or the applicable Lenders(s)all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party Person for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each nor any other Secured Party Person shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section Article 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (AMERICAN EAGLE ENERGY Corp)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. applicable Lenders(sLender(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Credit Agreement (Aimmune Therapeutics, Inc.)

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Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, (i) any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and Party, (ii) any of the Borrower Obligations may be continued, and (iii) any of the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waivedrestated, amended and restated, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agentby, or any indulgence or forbearance in respect thereof granted by, the Administrative Agent or any other Secured Party, and (iv) any of the Credit Agreement and the other Loan Secured Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Majority Lenders or the applicable Lenders(s)all Lenders, as the case may be) may deem advisable from time to time, and time or (v) any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section Article 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Credit Agreement (Riviera Resources, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor Each Grantor shall remain obligated hereunder hereunder, and the Collateral shall remain subject to the Lien granted hereby notwithstanding that, without any reservation of rights against any Guarantor Grantor, and without notice to or further assent by any Guarantorsuch Grantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party any Lender, and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of each Grantor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered surrendered, or released by the Collateral Agent, the Administrative Agent or any other Secured PartyLender, and the Credit Agreement and Agreement, the Notes, the other Loan Documents Credit Documents, any Swap Agreements and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Administrative Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may be) any Secured Party may deem advisable from time to time, and any collateral securityguarantee, guarantee or right of offset or other collateral security at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each other Secured Party nor any Lender shall have any obligation to protect, secure, perfect or insure this or any other Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto. Each Grantor waives any and all notice of the creation, except renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Secured Party upon this Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between any Grantor and the Administrative Agent or any Lender, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. Each Grantor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon such Grantor with respect to the extent required by applicable lawObligations.

Appears in 1 contract

Samples: Intercreditor Agreement (Stratus Technologies Bermuda Holdings Ltd.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, The Borrower and each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any the Borrower or such Guarantor and without notice to or further assent by any the Borrower or such Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative any Agent or any other Secured Party Lender may be rescinded by the Collateral Agent, the Administrative such Agent or such other Secured Party Lender and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative any Agent or any other Secured PartyLender, and the Credit this Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative any Agent or any other Secured Party Lender for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of Neither the Collateral Administrative Agent, the Administrative Agent and each other Secured Party nor any Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 Article or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Credit Agreement (Saratoga Resources Inc /Tx)

Amendments, Etc. With Respect to the Obligations. To the maximum fullest extent permitted by applicable law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Administrative Agent, the Administrative Agent any Hedge Bank, any Cash Management Bank or any other Secured Party Lender may be rescinded by the Collateral Administrative Agent, the Administrative Agent such Hedge Bank, such Cash Management Bank or such other Secured Party Lender and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Administrative Agent, the Administrative Agent any Hedge Bank, any Cash Management Bank or any other Secured PartyLender, and the Credit Agreement and the other Loan Documents and Documents, any other documents executed and delivered in connection therewith therewith, any Swap Agreement and any agreement giving rise to Cash Management Obligations may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)all Lenders, as the case may be, or, solely in the case of any Swap Agreement or any agreement giving rise to Cash Management Obligations, the applicable Hedge Bank or Cash Management Bank) may deem reasonably advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Administrative Agent, the Administrative Agent any Hedge Bank, any Cash Management Bank or any other Secured Party Lender for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each nor any Hedge Bank, Cash Management Bank or other Secured Party Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee guarantees contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Guarantee Agreement (Constellation Brands, Inc.)

Amendments, Etc. With Respect to the Obligations. To Unless and until the maximum Termination Date has occurred, or with respect to any Guarantor, such Guarantor shall be released in accordance with Section 5.13, to the fullest extent permitted by applicable law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, (a) any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and (b) the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and (c) the Credit Agreement and Agreement, the other Loan Documents Documents, the Letters of Credit and any other documents executed and delivered in connection therewith and the Secured Hedge Agreements, Cash Management Obligations or Swap Obligations and any other documents executed and delivered in connection therewith, may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)all Lenders, as the case may be, or, in the case of any Secured Hedge Agreement, Cash Management Obligation or Swap Obligation, the Cash Management Bank or Hedge Bank party thereto) may deem necessary or advisable from time to time, time and (d) any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee Guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Security Agreement (Cable One, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor Each Grantor shall remain obligated hereunder hereunder, and the Collateral shall remain subject to the Lien granted hereby notwithstanding that, without any reservation of rights against any Guarantor Grantor, and without notice to or further assent by any Guarantorsuch Grantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party any Lender, and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of each Grantor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered surrendered, or released by the Collateral Agent, the Administrative Agent or any other Secured PartyLender, and the Credit Agreement and Agreement, the Notes, the other Loan Documents Credit Documents, any Interest Rate Agreements, any Foreign Currency Agreements and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Administrative Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may be) any Secured Party may deem advisable from time to time, and any collateral securityguarantee, guarantee or right of offset or other collateral security at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each other Secured Party nor any Lender shall have any obligation to protect, secure, perfect or insure this or any other Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto. Each Grantor waives any and all notice of the creation, except renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Secured Party upon this Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between any Grantor and the Administrative Agent or any Lender, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. Each Grantor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon such Grantor with respect to the extent required by applicable lawObligations.

Appears in 1 contract

Samples: Collateral Agreement (Stratus Technologies Bermuda Holdings Ltd.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party Person may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Person and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyPerson, and the Credit Agreement and Agreement, the other Loan Documents Documents, the Secured Swap Agreements, the Secured Cash Management Agreements and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Majority Lenders or the applicable Lenders(s)all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party Person for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each nor any other Secured Party Person shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section Article 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Credit Agreement (Earthstone Energy Inc)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Credit Facility Collateral Agent, the Credit Facility Administrative Agent, the L/C Facility Collateral Agent, the L/C Facility Administrative Agent or any other Secured Party may be rescinded by the Credit Facility Collateral Agent, the Credit Facility Administrative Agent, the L/C Facility Collateral Agent, the L/C Facility Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Credit Facility Collateral Agent, the Credit Facility Administrative Agent, the L/C Facility Collateral Agent, the L/C Facility Administrative Agent or any other Secured Party, and the any Credit Agreement and the other Loan Finance Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Credit Facility Collateral Agent, the Credit Facility Administrative Agent, the L/C Facility Collateral Agent or the L/C Facility Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Credit Facility Collateral Agent, the Credit Facility Administrative Agent, the L/C Facility Collateral Agent, the L/C Facility Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Credit Facility Collateral Agent, the Credit Facility Administrative Agent, the L/C Facility Collateral Agent, the L/C Facility Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Hertz Corp)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by lawExcept for termination of a Guarantor’s Credit Party Guaranty pursuant to Section 11.7, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Administrative Agent, the Administrative Agent any Lender, Swingline Lender or any other Secured Party Issuing Bank may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Lender, Swingline Lender or Issuing Bank and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyLender, Swingline Lender or Issuing Bank and the Credit this Agreement and the other Loan Credit Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)all Lenders, as the case may be) and the Borrowers may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party Lender, Swingline Lender or Issuing Bank for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Revolving Credit Agreement (Noble Corp)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)all Lenders, as the case may be) and the other parties to such documents that are required in connection therewith may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or releasedreleased in accordance with the Loan Documents and any other documents executed and delivered in connection therewith. None of the Collateral Agent, Neither the Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section Article 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Credit Agreement (Blueknight Energy Partners, L.P.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor Each Domestic Loan Party shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor Domestic Loan Party and without notice to or further assent by any GuarantorDomestic Loan Party, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party Lender may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Lender and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyLender, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party Lender for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each other Secured Party nor any Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (Aftermarket Technology Corp)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each The Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any the Guarantor and without notice to or further assent by any Guarantor, the Guarantor notwithstanding that: (a) any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party Lender may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Lender and any of the Borrower Obligations continued, and ; (b) the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee guaranty therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyLender; and (c) the First Amendment, and the Credit Agreement and the Agreement, other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or all the applicable Lenders(s)Lenders, as the case may be) may deem advisable from time to time. The Administrative Agent or any Lender may, from time to time, at its sole discretion and without notice to the Guarantor, take any collateral securityor all of the following actions: (i) retain or obtain a security interest in any property of any other Person to secure any of the Obligations; (ii) retain or obtain the primary or secondary obligation of any obligor or obligors, guarantee in addition to the undersigned, with respect to any of the Obligations; (iii) extend or renew any of the Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Obligations, or release or compromise any obligation of any of the undersigned hereunder or any obligation of any nature of any other obligor with respect to any of the Obligations; (iv) release any guaranty or right of offset at or its security interest in, or surrender, release or permit any time held by substitution or exchange for, all or any part of any property securing any of the Collateral AgentObligations or any obligation hereunder, or extend or renew for one or more periods (whether or not longer than the original period) or release, compromise, alter or exchange any obligations of any nature of any obligor with respect to any such property; and (v) resort to the undersigned for payment of any of the Obligations when due, whether or not the Administrative Agent or any Lender has proceeded against any other Secured Party for the payment of obligor primarily or secondarily obligated with respect to any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable lawObligations.

Appears in 1 contract

Samples: Guarantee Agreement (FreightCar America, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or Agent, the Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each Agent, nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Credit Agreement (Hertz Corp)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor The Pledgors shall remain obligated hereunder hereunder, and the Collateral shall remain subject to the Lien granted hereby, notwithstanding that, without any reservation of rights against any Guarantor the Pledgors, and without notice to or further assent by any Guarantorthe Pledgors, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Lender, and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of the Pledgors or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered surrendered, or released by the Collateral Agent, the Administrative Agent or any other Secured PartyLender, and the Credit Agreement and the Agreement, any other Loan Documents and any other documents executed and delivered in connection therewith may CHAR1\1756506v3 NAI-1514813940v3 be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent Lenders (or the Required Lenders or the applicable Lenders(s)Lenders, as the case may be) may deem advisable from time to time, and any collateral securityguarantee, guarantee or right of offset or other collateral security at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each other nor any Secured Party shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto. The Pledgors waive any and all notice of the creation, except renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Secured Party upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between the Pledgors, on the one hand, and the Administrative Agent and the Secured Parties, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgors waive diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon the Pledgors with respect to the extent required by applicable lawObligations.

Appears in 1 contract

Samples: Pledge Agreement (Blackbaud Inc)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor The Pledgors shall remain obligated hereunder hereunder, and the Collateral shall remain subject to the Lien granted hereby, notwithstanding that, without any reservation of rights against any Guarantor the Pledgors, and without notice to or further assent by any Guarantorthe Pledgors, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Party, and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of the Pledgors or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered surrendered, or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and Loan Agreement, the Notes, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent Lenders (or the Required Lenders or the applicable Lenders(s)Majority Lenders, as the case may be) may deem advisable from time to time, and any collateral securityguarantee, guarantee or right of offset or other collateral security at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of Neither the Collateral Agent, the Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto. The Pledgors waive any and all notice of the creation, except renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Agent or any other Secured Party upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between the Pledgors, on the one hand, and the Agent and the other Secured Party, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgors waive diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon the Pledgors with respect to the extent required by applicable lawObligations.

Appears in 1 contract

Samples: Pledge Agreement (Carrols Restaurant Group, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by lawUntil Payment in Full, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party Noteholder may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Noteholder and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, increased, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyNoteholder, and the Credit Agreement and Securities Purchase Agreement, the other Loan Documents Transactions Documents, and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or Holders) and the applicable Lenders(s), as the case may be) other parties to such documents that are required in connection therewith may deem advisable from time to timetime in accordance with the terms of such documents, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party Noteholder for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None , in each case in accordance with the terms of the Transaction Documents and any other documents executed in connection therewith. Neither the Collateral Agent, the Administrative Agent and each other Secured Party nor any Noteholder shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Smith Micro Software, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations or the Parent Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations or the Parent Obligations continued, and the Borrower Obligations or the Parent Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(sLender(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations or the Parent Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or the Parent Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Nci Building Systems Inc)

Amendments, Etc. With Respect to the Obligations. To Unless and until the maximum Termination Date has occurred, or with respect to any Guarantor, such Guarantor shall be released in accordance with Section 5.13, to the fullest extent permitted by applicable law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, (a) any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and (b) the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and (c) the Credit Agreement and Agreement, the other Loan Documents Documents, the Letters of Credit and any other documents executed and delivered in connection therewith and the Cash Management Obligations or Swap Obligations and any other documents executed and delivered in connection therewith, may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s)all Lenders, as the case may be, or, in the case of any Cash Management Obligation or Swap Obligation, the Cash Management Bank or Hedge Bank party thereto) may deem necessary or advisable from time to time, time and (d) any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, Neither the Administrative Agent and each nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee Guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Guarantee Agreement (On Semiconductor Corp)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Each Loan Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Loan Guarantor and without notice to or further assent by any Loan Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee guaranty therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit this Agreement and the other Loan Documents and any other documents executed and delivered in connection herewith and therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may be) may deem advisable from time to time, and . Neither the Agent nor any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other Secured Party Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it the Agent as security for any of the Borrower Obligations or for the guarantee guaranty contained in this Section 2 16 or any property subject thereto. The Agent may, except from time to time, at its sole discretion and without notice to any Loan Guarantor (or any of them), take any or all of the following actions: (a) retain or obtain a security interest in any property to secure any of the Secured Obligations or any obligation hereunder, (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the extent required by applicable lawundersigned, with respect to any of the Secured Obligations, (c) extend or renew any of the Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Obligations, or release or compromise any obligation of any of the undersigned hereunder or any obligation of any nature of any other obligor with respect to any of the Obligations, (d) release any guaranty or right of offset or its security interest in, or surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Secured Obligations or any obligation hereunder, or extend or renew for one or more periods (whether or not longer than the original period) or release, compromise, alter or exchange any obligations of any nature of any obligor with respect to any such property, and (e) resort to the undersigned (or any of them) for payment of any of the Obligations when due, whether or not the Agent shall have resorted to any property securing any of the Secured Obligations or any obligation hereunder or shall have proceeded against any other of the undersigned or any other obligor primarily or secondarily obligated with respect to any of the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Mammoth Energy Services, Inc.)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor Each Grantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor Grantor and without notice to or further assent by any GuarantorGrantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party Lender may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party Lender and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee guaranty therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured PartyLender, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or all the applicable Lenders(s)Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, . Neither the Administrative Agent or nor any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other Secured Party Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee guaranty contained in this Section 2 or any property subject thereto. The Administrative Agent or any Lender may, except from time to time, at its sole discretion and without notice to any Grantor (or any of them), take any or all of the following actions: (a) retain or obtain a security interest in any property to secure any of the Obligations or any obligation hereunder, (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the extent required by applicable lawundersigned, with respect to any of the Obligations, (c) release or compromise any obligation of any of the undersigned hereunder or any obligation of any nature of any other obligor with respect to any of the Obligations, (d) release any guaranty or right of offset or its security interest in, or surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Obligations or any obligation hereunder, or extend or renew for one or more periods (whether or not longer than the original period) or release, compromise, alter or exchange any obligations of any nature of any obligor with respect to any such property, and (e) resort to the undersigned (or any of them) for payment of any of the Obligations when due, whether or not the Administrative Agent or such Lender shall have resorted to any property securing any of the Obligations or any obligation hereunder or shall have proceeded against any other of the undersigned or any other obligor primarily or secondarily obligated with respect to any of the Obligations.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (Option Care Inc/De)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each or any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Herc Holdings Inc)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor The Company shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor the Company and without notice to or further assent by any Guarantorthe Company, any demand for payment of any of the Borrower Obligations of any Borrowing Subsidiary made by the Collateral Administrative Agent, the Administrative Agent any L/C Issuer or any other Secured Party Lender may be rescinded by the Collateral such Agent, the Administrative Agent such L/C Issuer or such other Secured Party Lender and any of the Borrower Obligations of any Borrowing Subsidiary continued, and the Borrower ObligationsObligations of any Borrowing Subsidiary, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Administrative Agent, the Administrative Agent any L/C Issuer or any other Secured PartyLender, and the Credit this Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, including with respect to any condition precedent, as the Collateral Agent or the Administrative Agent (or the Required Lenders or all of the applicable Lenders(s)Lenders and the L/C Issuers, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Administrative Agent, the Administrative Agent any L/C Issuer or any other Secured Party Lender for the payment of the Obligations of any of the Borrower Obligations Borrowing Subsidiary may be sold, exchanged, waived, surrendered or released. None of the Collateral No Agent, the Administrative Agent and each other Secured Party L/C Issuer or Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Obligations of any of the Borrower Obligations Borrowing Subsidiary or for the guarantee contained in this Section 2 Article X or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Credit Agreement (V F Corp)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent any Priority Lien Debt Representative or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent such Priority Lien Debt Representative or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent any Priority Lien Debt Representative or any other Secured Party, and the Credit Agreement and the other Loan Documents and Priority Lien Debt Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent Trustee (or the Required Lenders or requisite holders of Priority Lien Debt Obligations under the applicable Lenders(s)respective Priority Lien Debt Documents, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent any Priority Lien Debt Representative or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of Neither the Collateral Agent, the Administrative Agent and each other Trustee nor any Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Carmike Cinemas Inc)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor The Company shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor the Company and without notice to or further assent by any Guarantorthe Company, any demand for payment of any of the Borrower Obligations of any Borrowing Subsidiary made by the Collateral any Agent, the Administrative Agent any L/C Issuer or any other Secured Party Lender may be rescinded by the Collateral such Agent, the Administrative Agent such L/C Issuer or such other Secured Party Lender and any of the Borrower Obligations of any Borrowing Subsidiary continued, and the Borrower ObligationsObligations of any Borrowing Subsidiary, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral any Agent, the Administrative Agent any L/C Issuer or any other Secured PartyLender, and the Credit this Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, including with respect to any condition precedent, as the Collateral Agent or the Administrative Agent (or the Required Lenders or all of the applicable Lenders(s)Lenders and the L/C Issuers, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral any Agent, the Administrative Agent any L/C Issuer or any other Secured Party Lender for the payment of the Obligations of any of the Borrower Obligations Borrowing Subsidiary may be sold, exchanged, waived, surrendered or released. None of the Collateral No Agent, the Administrative Agent and each other Secured Party L/C Issuer or Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Obligations of any of the Borrower Obligations Borrowing Subsidiary or for the guarantee contained in this Section 2 Article X or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Five Year Revolving Credit Agreement (V F Corp)

Amendments, Etc. With Respect to the Obligations. To the maximum extent permitted by law, each Guarantor Pledgor shall remain obligated hereunder hereunder, and the Collateral shall remain subject to the Lien granted hereby, notwithstanding that, without any reservation of rights against any Guarantor Pledgor, and without notice to or further assent by any GuarantorPledgor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral AgentSecured Party, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of Pledgor or any other Person person or entity upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered surrendered, or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may be) Secured Party may deem advisable from time to time, and any collateral securityguarantee, guarantee or right of offset or other collateral security at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other Secured Party shall have any no obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto. Except as otherwise set forth in this Security Agreement, except Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by Secured Party upon this Security Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Security Agreement; and all dealings between Pledgor, on the one hand, and Secured Party, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Security Agreement. Except as otherwise set forth in this Security Agreement, Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Pledgor with respect to the extent required by applicable lawObligations.

Appears in 1 contract

Samples: Settlement Agreement (Blue Dolphin Energy Co)

Amendments, Etc. With Respect to the Obligations. To Except for termination or release of a Guarantor’s obligations hereunder as expressly provided in Section 8.15, to the maximum fullest extent permitted by applicable law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Borrower Obligations made by the Collateral Agent, the Administrative Agent or any other Secured Party may be rescinded by the Collateral Agent, the Administrative Agent or such other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered or released by the Collateral Agent, the Administrative Agent or any other Secured Party, and the Credit Agreement and the other Loan Documents Documents, any Specified Hedge Agreements or any Specified Cash Management Agreements, and any other documents executed and delivered in connection therewith may be amended, waivedamended and restated, modifiedsupplemented, supplemented replaced, refinanced, otherwise modified or terminated, in whole or in part, as the Collateral Agent or the Administrative Agent (or the Required Lenders or the applicable Lenders(s), as the case may berequisite Secured Parties) may deem reasonably advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent, the Administrative Agent or any other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. None of the Collateral Agent, the Administrative Agent and each other No Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Credit Agreement (Innoviva, Inc.)

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