Common use of Amendments, etc. with respect to the Secured Obligations Clause in Contracts

Amendments, etc. with respect to the Secured Obligations. Each Guarantor shall remain obligated hereunder, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, notwithstanding the fact that: (a) any demand for payment of any of the Secured Obligations made by Lenders may be rescinded by Lenders and any of the Secured Obligations continued, (b) the Secured Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guaranty therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by Lenders, or (c) the Facility Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as Lenders may deem advisable from time to time. Lenders shall have no obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Secured Obligations or for the guaranty contained in this Section 2 or any property subject thereto. Lenders may, from time to time, in their reasonable discretion and without notice to the Guarantors (or any of them), take any or all of the following actions: (a) retain or obtain a security interest in any personal property of the Grantors constituting Collateral 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 undersigned, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured 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 Secured 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 personal 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 personal property, and (e) resort to the undersigned (or any of them) for payment of any of the Secured Obligations when due, whether or not Lenders shall have resorted to any personal 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 Secured Obligations.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Alphatec Holdings, Inc.)

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Amendments, etc. with respect to the Secured Obligations. Each Guarantor The Borrower shall remain obligated hereunder, and the Collateral shall remain subject to the Lien granted hereby, notwithstanding that, without any reservation of rights against any Guarantor the Borrower, and without notice to or further assent by any Guarantorthe Borrower, notwithstanding the fact that: (a) any demand for payment of any of the Secured Obligations made by Lenders the Lender may be rescinded by Lenders the Lender, and any of the Secured Obligations continued, (b) and the Secured Obligations, or the liability of any Issuer or any other Person upon or for any part thereof, or any collateral security or guaranty guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by Lendersthe Lender, or (c) the Facility Agreement and the other Loan Documents and any guarantee, right of offset or other documents executed and delivered in connection therewith collateral at any time held by the Lender for the payment of the Secured Obligations may be amendedsold, modifiedexchanged, supplemented waived, surrendered or terminated, in whole or in part, as Lenders may deem advisable from time to timereleased. Lenders The Lender shall have no obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Secured Obligations or for the guaranty contained in this Section 2 or any property subject thereto. Lenders may, from time to time, in their reasonable discretion The Borrower waives any and without all notice to the Guarantors (or any of them), take any or all of the following actions: (a) retain creation, renewal, extension or obtain a security interest in any personal property of the Grantors constituting Collateral 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 undersigned, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured 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 Secured 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 personal 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 personal property, and (e) resort to the undersigned (or any of them) for payment accrual of any of the Secured Obligations when dueand notice of or proof of reliance by the Lender upon this Pledge Agreement; the Secured Obligations, whether or not Lenders shall have resorted to any personal property securing and any of the Secured Obligations them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings among any obligation hereunder one or shall have proceeded against any other more of the undersigned Issuers, the Borrower or the Lender shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Borrower waives diligence, presentment and protest to or upon any other obligor primarily Issuer or secondarily obligated the Borrower with respect to any of the Secured Obligations.

Appears in 1 contract

Samples: Reo Subsidiary Pledge Agreement (New Century Financial Corp)

Amendments, etc. with respect to the Secured Obligations. Each Loan Guarantor shall remain obligated hereunderhereunder notwithstanding that, without any reservation of rights against any Loan Guarantor and without notice to or further assent by any Loan Guarantor, notwithstanding the fact that: (a) any demand for payment of any of the Secured Obligations made by Lenders Lender may be rescinded by Lenders Lender and any of the Secured Obligations continued, (b) and the Secured Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guaranty therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by LendersLender, or (c) the Facility and this Agreement and the other Loan Documents and any other documents executed and delivered in connection herewith and therewith may be amended, modified, supplemented or terminated, in whole or in part, as Lenders Lender may deem advisable from time to time. Lenders Lender shall have no obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Secured Obligations or for the guaranty contained in this Section 2 15 or any property subject thereto. Lenders Lender may, from time to time, in their reasonable at its sole discretion and without notice to the Guarantors (or any of them)Loan Guarantor, take any or all of the following actions: (a) retain or obtain a security interest in any personal property of the Grantors constituting Collateral 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 undersigned, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured 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 Secured 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 personal 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 personal property, 60 and (e) resort to the undersigned (or any of them) for payment of any of the Secured Obligations when due, whether or not Lenders Lender shall have resorted to any personal 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 Secured Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Camping World Holdings, Inc.)

Amendments, etc. with respect to the Secured Obligations. Each Guarantor The Pledgors shall remain obligated 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, notwithstanding the fact that: (a) any demand for payment of any of the Secured Obligations made by Lenders the Bridge Collateral Agent or any Bridge Lender may be rescinded by Lenders the Bridge Collateral Agent or such Bridge Lender, and any of the Secured Obligations continued, (b) and the Secured Obligations, or the liability of the Pledgors or any other Person upon or for any part thereof, or any collateral security or guaranty guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered surrendered, or released by Lendersthe Bridge Collateral Agent or any Bridge Lender, or (c) the Facility Agreement and the Bridge Agreement, the Rollover Loans, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Bridge Lenders may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Bridge Collateral Agent or any Bridge Lender for the payment of the Secured Obligations may be sold, exchanged, waived, surrendered or released. Lenders Neither the Bridge Collateral Agent nor any Bridge Lender, shall have no any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Secured Obligations or for the guaranty contained in this Section 2 or any property subject thereto. Lenders may, from time to time, in their reasonable discretion The Pledgors waive any and without all notice to the Guarantors (or any of them), take any or all of the following actions: (a) retain creation, renewal, extension or obtain a security interest in any personal property of the Grantors constituting Collateral 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 undersigned, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured 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 Secured 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 personal 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 personal property, and (e) resort to the undersigned (or any of them) for payment accrual of any of the Secured Obligations when dueand notice of or proof of reliance by the Bridge Collateral Agent or any Bridge Lender upon this Bridge Pledge Agreement; the Secured Obligations, whether or not Lenders shall have resorted to any personal property securing and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Bridge Pledge Agreement; and all dealings between the Secured Obligations Pledgors, on the one hand, and the Bridge Collateral Agent and the Bridge Lenders, on the other, shall likewise be conclusively presumed to have been had or any obligation hereunder consummated in reliance upon this Bridge Pledge Agreement. The Pledgors waive diligence, presentment, protest, demand for payment and notice of default or shall have proceeded against any other of nonpayment to or upon the undersigned or any other obligor primarily or secondarily obligated Pledgors with respect to any of the Secured Obligations.

Appears in 1 contract

Samples: Bridge Pledge Agreement (Choice One Communications Inc)

Amendments, etc. with respect to the Secured Obligations. Each Loan Guarantor shall remain obligated hereunderhereunder notwithstanding that, without any reservation of rights against any Loan Guarantor and without notice to or further assent by any Loan Guarantor, notwithstanding the fact that: (a) any demand for payment of any of the Secured Obligations made by Lenders Lender may be rescinded by Lenders Lender and any of the Secured Obligations continued, (b) and the Secured Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guaranty therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by LendersLender, or (c) the Facility and this Agreement and the other Loan Documents and any other documents executed and delivered in connection herewith and therewith may be amended, modified, supplemented or terminated, in whole or in part, as Lenders Lender may deem advisable from time to time. Lenders Lender shall have no obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Secured Obligations or for the guaranty contained in this Section 2 15 or any property subject thereto. Lenders Lender may, from time to time, in their reasonable at its sole discretion and without notice to the Guarantors any Loan Guarantor (or any of them), take any or all of the following actions: (a) retain or obtain a security interest in any personal property of the Grantors constituting Collateral 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 undersigned, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured 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 Secured 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 personal 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 personal property, and (e) resort to the undersigned (or any of them) for payment of any of the Secured Obligations when due, whether or not Lenders Lender shall have resorted to any personal 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 Secured Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Kingsway Financial Services Inc)

Amendments, etc. with respect to the Secured Obligations. Each Guarantor shall remain obligated hereunderhereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, notwithstanding the fact that: (a) any demand for payment of any of the Secured Obligations made by Lenders the Administrative Agent, the Australian Administrative Agent or any Lender may be rescinded by Lenders the Administrative Agent, the Australian Administrative Agent or such Lender and any of the Secured Obligations continued, (b) and the Secured Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guaranty therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by Lendersthe Administrative Agent, the Australian Administrative Agent or (c) any Lender, and the Facility Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Administrative Agent (or the Required Lenders or all the Lenders, as the case may be) may deem advisable from time to time. Lenders Neither the Administrative Agent, the Australian Administrative Agent nor any Lender shall have no any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Secured Obligations or for the guaranty contained in this Section 2 or any property subject thereto. Lenders The Administrative Agent, the Australian Administrative Agent or any Lender may, from time to time, in their reasonable at its sole discretion and without notice to the Guarantors any Guarantor (or any of them), take any or all of the following actions: (a) retain or obtain a security interest in any personal property of the Grantors constituting Collateral 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 undersigned, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured 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 Secured 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 personal 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 personal property, and (e) resort to the undersigned (or any of them) for payment of any of the Secured Obligations when due, whether or not Lenders the Administrative Agent, the Australian Administrative Agent or such Lender shall have resorted to any personal 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 Secured Obligations.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (Multi Color Corp)

Amendments, etc. with respect to the Secured Obligations. Each The Guarantor shall remain obligated hereunderhereunder notwithstanding that, without any reservation of rights against any the Guarantor and without notice to or further assent by any the Guarantor, notwithstanding the fact that: (a) any demand for payment of any of the Secured Obligations made by Lenders the Holder may be rescinded by Lenders the Holder and any of the Secured Obligations continued, (b) and the Secured Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guaranty therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by Lenders, or (c) the Facility Agreement Holder and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as Lenders the Holder may deem advisable from time to time. Lenders The Holder shall have no obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Secured Obligations or for the guaranty contained in this Section 2 or any property subject thereto. Lenders The Holder may, from time to time, in their reasonable at its sole and absolute discretion and without notice to the Guarantors (or any of them)Guarantor, take any or all of the following actions: (a) retain or obtain a security interest in any personal property of the Grantors constituting Collateral 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 undersignedGrantors, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured Obligations, or release or compromise any obligation of any of the undersigned Grantors hereunder or any obligation of any nature of any other obligor with respect to any of the Secured 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 personal 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 personal property, and (e) resort to the undersigned Grantors (or any of them) for payment of any of the Secured Obligations when due, whether or not Lenders the Holder shall have resorted to any personal property securing any of the Secured Obligations or any obligation hereunder or shall have proceeded against any other of the undersigned Grantors or any other obligor primarily or secondarily obligated with respect to any of the Secured Obligations.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (Investview, Inc.)

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Amendments, etc. with respect to the Secured Obligations. Each Guarantor To the fullest extent permitted by applicable law, each party hereto shall remain obligated hereunderhereunder notwithstanding that, without any reservation of rights against any Guarantor party and without notice to or further assent by any Guarantorparty, notwithstanding the fact that: (a) any demand for payment of any of the Secured Obligations made by Lenders any Secured Party may be rescinded by Lenders such Secured Party and any of the Secured Obligations continued, (b) and the Secured Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guaranty guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by Lendersany Secured Party, or (c) the Facility Agreement and the other Loan Secured Debt Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as Lenders may deem advisable from time to timetime in accordance with the respective terms thereof, and any collateral security, guarantee or right of offset at any time held by any Secured Party for the payment of the Secured Obligations may be sold, exchanged, waived, surrendered or released. Lenders No Secured Party shall have no any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Secured Obligations or for the guaranty guarantee contained in this Section 2 or any property subject thereto. Lenders may, from time to time, in their reasonable discretion Each party hereto waives any and without all notice to the Guarantors (or any of them), take any or all of the following actions: (a) retain creation, renewal, extension or obtain a security interest in any personal property of the Grantors constituting Collateral 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 undersigned, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured 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 Secured 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 personal 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 personal property, and (e) resort to the undersigned (or any of them) for payment accrual of any of the Secured Obligations when dueand notice of or proof of reliance by any Secured Party upon any right arising under this Agreement. To the fullest extent permitted by applicable law, whether each of the Secured Obligations shall conclusively be deemed to have been created, contracted or not Lenders shall have resorted to incurred, or renewed, extended, amended or waived, in reliance upon the provisions of this Agreement; and all dealings between any personal property securing of the Grantors and any of the Secured Obligations Parties likewise shall be conclusively presumed to have been had 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 Secured Obligationsconsummated in reliance upon such provisions.

Appears in 1 contract

Samples: Intercreditor Agreement (Del Laboratories Inc)

Amendments, etc. with respect to the Secured Obligations. Each Guarantor Grantor shall remain obligated hereunderpursuant to this Agreement notwithstanding that, without any reservation of rights against any Guarantor Grantor and without notice to or further assent by any GuarantorGrantor, notwithstanding the fact that: (a) any demand for payment of any of the Secured Obligations made by Lenders the Collateral Agent, the Advance Lender, the Purchase Money Notes Guarantor or the NGPMN Agent may be rescinded by Lenders such Person and any of the Secured Obligations continued, (b) and the Secured Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guaranty therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by Lendersthe Collateral Agent, the Advance Lender, the Purchase Money Notes Guarantor or (c) the NGPMN Agent, as the case might be, and the Advance Facility Agreement Agreement, any Purchase Money Notes Guaranty, any Purchase Money Notes and the other Loan Transaction Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as Lenders may the Collateral Agent, the Advance Lender, the Purchase Money Notes Guarantor or the NGPMN Agent might deem reasonably advisable from time to time, and any collateral security, guaranty or right of offset at any time held by the Collateral Agent for the payment of the Secured Obligations may be sold (in the case of any such collateral security), exchanged, waived, surrendered or released. Lenders The Collateral Agent shall not have no any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Secured Obligations or for the guaranty contained in this Section 2 Article VI or any property subject thereto. Lenders may, from time to time, in their reasonable discretion and without notice to the Guarantors (or any of them), take any or all of the following actions: (a) retain or obtain a security interest in any personal property of the Grantors constituting Collateral 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 undersigned, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured 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 Secured 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 personal 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 personal property, and (e) resort to the undersigned (or any of them) for payment of any of the Secured Obligations when due, whether or not Lenders shall have resorted to any personal 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 Secured Obligations.

Appears in 1 contract

Samples: Security and Guaranty Agreement by And

Amendments, etc. with respect to the Secured Obligations. Each Guarantor shall remain obligated hereunder, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, notwithstanding the fact that: (a) any demand for payment of any of the Secured Obligations made by Lenders may be rescinded by Lenders and any of the Secured Obligations continued, (b) the Secured Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guaranty therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by Lenders, or (c) the Facility Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as Lenders may deem advisable from time to time. Lenders shall have no obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Secured Obligations or for the guaranty contained in this Section 2 or any property subject thereto. Lenders may, from time to time, in their reasonable discretion and without notice to the Guarantors (or any of them), take any or all of the following actions: (a) retain or obtain a security interest in any personal property of the Grantors constituting Collateral 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 undersigned, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured 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 Secured Obligations, (d) release any guaranty or right of offset or its their security interest in, or surrender, release or permit any substitution or exchange for, all or any part of any personal 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 personal property, and (e) resort to the undersigned (or any of them) for payment of any of the Secured Obligations when due, whether or not Lenders shall have resorted to any personal 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 Secured Obligations.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Cytomedix Inc)

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