Common use of Bank's Rights Clause in Contracts

Bank's Rights. The Agent and the Banks shall not be obligated by ------------- reason of their acceptance of this Guaranty to engage in any transactions with or for the Borrower. Whether or not any existing relationship between the Guarantor and the Borrower has been changed or ended and whether or not this Guaranty has been revoked, the Agent and the Banks may enter into transactions resulting in the creation or continuance of the Indebtedness and may otherwise agree, consent to or suffer the creation or continuance of any of the Indebtedness, without any consent or approval by the Guarantor and without any prior or subsequent notice to the Guarantor. The Guarantor's liability shall not be affected or impaired by any of the following acts or things (which the Agent and the Banks are expressly authorized to do, omit or suffer from time to time, both before and after revocation of this Guaranty, without consent or approval by or notice to the Guarantor): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any or all of the Indebtedness; (ii) one or more extensions or renewals of the Indebtedness (whether or not for longer than the original period) or any modification of the interest rates, maturities, if any, or other contractual terms applicable to any of the Indebtedness or any amendment or modification of any of the terms or provisions of any loan agreement or other agreement under which the Indebtedness or any part thereof arose; (iii) any waiver or indulgence granted to the Borrower, any delay or lack of diligence in the enforcement of the Indebtedness or any failure to institute proceedings, file a claim, give any required notices or otherwise protect any of the Indebtedness; (iv) any full or partial release of, compromise or settlement with, or agreement not to xxx, the Borrower or any guarantor or other person liable in respect of any of the Indebtedness; (v) any release, surrender, cancellation or other discharge of any evidence of the Indebtedness or the acceptance of any instrument in renewal or substitution therefor; (vi) any failure to obtain collateral security (including rights of setoff) for the Indebtedness, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security; or any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral security; (vii) any collection, sale, lease or disposition of, or any other foreclosure or enforcement of or realization on, any collateral security; (viii) any assignment, pledge or other transfer of any of the Indebtedness or any evidence thereof; (ix) any manner, order or method of application of any payments or credits upon the Indebtedness; and (x) any election by the Agent and the Banks under Section 1111(b) of the United States Bankruptcy Code. The Guarantor waives any and all defenses and discharges available to a surety, guarantor or accommodation co-obligor.

Bank's Rights. The Agent Borrower agrees that Bank may from time to time and as many times as Bank, in its sole discretion, deems appropriate, do any of the Banks shall not be obligated by ------------- reason of their acceptance following without notice to Borrower and without adversely affecting the validity or enforceability of this Guaranty Agreement or any other agreement, document or instrument given by Borrower to engage Bank in connection with this Agreement or the Obligations, including, without limitation, any transactions with mortgage or for other security instrument given by Borrower to secure its Obligations under this Agreement: (i) release, surrender, exchange, compromise or settle the Borrower. Whether Obligations, or not any existing relationship between part thereof; (ii) change, renew or waive the Guarantor and the Borrower has been changed or ended and whether or not this Guaranty has been revoked, the Agent and the Banks may enter into transactions resulting in the creation or continuance terms of the Indebtedness and may otherwise agreeObligations, consent to or suffer any part thereof; (iii) waive the creation or continuance terms of any of the IndebtednessLoan Documents or any other note, without any consent instrument or approval by the Guarantor and without any prior or subsequent notice agreement relating to the Guarantor. The Guarantor's liability shall not be affected or impaired by any Obligations, such rights in Bank to include without limitation the right (with the Borrower’s approval) to increase the amount of the following acts Loan or things to change the rate of interest charged to Borrower (in which event the Agent and the Banks are expressly authorized Obligations shall be deemed also to do, omit or suffer from time to time, both before and after revocation of this Guaranty, without consent or approval by or notice to the Guarantor): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any or include all of the Indebtedness; (ii) one or more extensions or renewals of the Indebtedness (whether or not for longer than the original period) or any modification of the interest rates, maturities, if any, or other contractual terms applicable to any of the Indebtedness or any amendment or modification of any of the terms or provisions of any loan agreement or other agreement under which the Indebtedness or any part thereof arose; (iii) any waiver or indulgence granted to the Borrower, any delay or lack of diligence in the enforcement of the Indebtedness or any failure to institute proceedings, file a claim, give any required notices or otherwise protect any of the Indebtednessat such changed rate); (iv) grant any full extension or partial release of, compromise indulgence with respect to the payment or settlement with, or agreement not to xxx, performance of the Borrower Obligations or any guarantor or other person liable in respect of any of the Indebtednesspart thereof; (v) enter into any agreement of forbearance with respect to the Obligations, or any part thereof; (vi) release, surrender, cancellation exchange or other discharge of compromise any evidence security held by Bank for any of the Indebtedness or the acceptance of any instrument in renewal or substitution therefor; (vi) any failure to obtain collateral security (including rights of setoff) for the Indebtedness, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security; or any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral securityObligations; (vii) release any collection, sale, lease person who is a guarantor or disposition of, surety or who has agreed to purchase the Obligations or any other foreclosure or enforcement of or realization on, any collateral securitypart thereof; (viii) release, surrender, exchange or compromise any assignmentsecurity or lien held by Bank for the liabilities of any person who is guarantor or surety for the Obligations or any part thereof; and (ix) settle, pledge release, adjust or compromise any claim of Bank against Borrower or any other transfer person secondarily or otherwise liable, including but not limited to any other guarantors or sureties of the Obligations. Borrower agrees that Bank may do any of the Indebtedness above as it deems necessary or advisable, in its sole discretion, without giving any evidence thereof; (ix) any manner, order or method of application of any payments or credits upon the Indebtedness; notice to Borrower and (x) any election by the Agent and the Banks under Section 1111(b) that Borrower will remain liable for full performance of the United States Bankruptcy CodeObligations, to the extent of the Cash Collateral. The Guarantor Borrower further waives any and all defenses and discharges available to defense based on a surety, guarantor claim or accommodation co-obligordefense of Borrower.

Bank's Rights. The Agent and the Banks Bank shall not be obligated by ------------- reason of their acceptance of this Amended Guaranty to engage in any transactions with or for the Borrower. Whether or not any existing relationship between the Guarantor and the Borrower has been changed or ended and whether or not this Amended Guaranty has been revoked, the Agent and the Banks Bank may enter into transactions resulting in the creation or continuance of the Indebtedness Obligations and may otherwise agree, consent to or suffer the creation or continuance of any of the IndebtednessObligations, without any consent or approval by the Guarantor and without any prior or subsequent notice to the Guarantor. The Guarantor's ’s liability shall not be affected or impaired by any of the following acts or things (which the Agent and the Banks are Bank is expressly authorized to do, omit or suffer from time to time, both before and after revocation of this Amended Guaranty, without consent or approval by or notice to the Guarantor): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any or all of the IndebtednessObligations; (ii) one or more extensions or renewals of the Indebtedness Obligations (whether or not for longer than the original period) or any modification of the interest rates, maturities, if any, or other contractual terms applicable to any of the Indebtedness Obligations or any amendment or modification of any of the terms or provisions of any loan agreement or other agreement under which the Indebtedness Obligations or any part thereof arose; (iii) any waiver or indulgence granted to the Borrower, any delay or lack of diligence in the enforcement of the Indebtedness Obligations or any failure to institute proceedings, file a claim, give any required notices or otherwise protect any of the IndebtednessObligations; (iv) any full or partial release of, compromise or settlement with, or agreement not to xxxsxx, the Borrower or any guarantor or other person liable in respect of any of the IndebtednessObligations; (v) any release, surrender, cancellation or other discharge of any evidence of the Indebtedness Obligations or the acceptance of any instrument in renewal or substitution therefor; (vi) any failure to obtain collateral security (including rights of setoff) for the IndebtednessObligations, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security; or any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral security; (vii) any collection, sale, lease or disposition of, or any other foreclosure or enforcement of or realization on, any collateral security; (viii) any assignment, pledge or other transfer of any of the Indebtedness Obligations or any evidence thereof; (ix) any manner, order or method of application of any payments or credits upon the IndebtednessObligations; and (x) any election by the Agent and the Banks Bank under Section 1111(b) of the United States Bankruptcy Code. The Guarantor waives any and all defenses and discharges available to a surety, guarantor or accommodation co-obligor.