Common use of Certain Actions Clause in Contracts

Certain Actions. The Funding Parties may, from time to time at their discretion and without notice to the Guarantor, take any or all of the following actions: (a) retain or obtain (i) a security interest in the Lessee's interests in the Lease and (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the Liabilities; (c) extend or renew for one or more periods (regardless of whether longer than the original period), or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, the Lessor) with respect to any of the Liabilities; (d) release or fail to perfect its Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release or compromise any obligations of any nature of any obligor with respect to any such property; and (e) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Agent or any other Person shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor).

Appears in 4 contracts

Samples: Lease Agreement (Fidelity National Information Services, Inc.), Lease Participation Agreement (Aaron Rents Inc), Operative Guaranty (Choicepoint Inc)

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Certain Actions. The Funding Parties may, from time to time at their discretion and without notice to Guarantor (but subject to the Guarantorterms of the other Operative Documents), take any or all of the following actionsactions without impairing Guarantor's obligations hereunder: (a) retain or obtain (i) a security interest in the any Lessee's interests in the Lease or the Leased Property and (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the GuarantorGuarantors, with respect to any of the Liabilities; (c) extend or renew for one or more periods (regardless of whether longer than the original period), or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, the LessorLessor and the Lessees) with respect to any of the Liabilities; (d) release or fail to perfect its Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release or compromise any obligations of any nature of any obligor with respect to any such property; and (e) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Agent or any other Person shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any Lessee or any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor).

Appears in 3 contracts

Samples: Guaranty Agreement (Choicepoint Inc), Guaranty Agreement (Discount Auto Parts Inc), Guaranty Agreement (Choicepoint Inc)

Certain Actions. The Funding Parties Security Trustee, the Facility Agent and each Lender may, from time to time at their its sole discretion and without notice to the Guarantor, take any or all of the following actionsactions without affecting the obligations of the Guarantor hereunder: (ai) retain or obtain (i) a lien upon a security interest in any substitutions or replacements to the Lessee's interests in the Lease and Collateral; (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the LiabilitiesLiabilities or any obligation hereunder; (ciii) with consent of the Borrower, extend or renew for one or more periods (regardless of whether longer than the original period), alter or exchange any of the Liabilities, or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, including the LessorSecurity Trustee) with respect to any of the Liabilities; (div) release or fail to perfect its any Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release release, compromise, alter or compromise exchange any obligations of any nature of any obligor with respect to any such property; and (ev) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Security Trustee, the Facility Agent or any other Person the Lender, as the case may be, shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor)Liabilities.

Appears in 3 contracts

Samples: Frontier Group Holdings, Inc., Frontier Group Holdings, Inc., Frontier Group Holdings, Inc.

Certain Actions. The Funding Parties may, from time to time at --------------- their discretion and without notice to Guarantor (but subject to the Guarantorterms of the other Operative Documents), take any or all of the following actionsactions without impairing Guarantor's obligations hereunder: (a) retain or obtain (i) a security interest in the any Lessee's interests in the Lease or the Leased Property and (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the GuarantorGuarantors, with respect to any of the Liabilities; (c) extend or renew for one or more periods (regardless of whether longer than the original period), or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, the LessorLessor and the Lessees) with respect to any of the Liabilities; (d) release or fail to perfect its Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release or compromise any obligations of any nature of any obligor with respect to any such property; and (e) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Agent or any other Person shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any Lessee or any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor).. ----------

Appears in 2 contracts

Samples: Guaranty Agreement (Hughes Supply Inc), Guaranty Agreement (Hughes Supply Inc)

Certain Actions. The Funding Parties Each Beneficiary may, from time to time at their its sole discretion and without notice to the Guarantor, take any or all of the following actionsactions without affecting the obligations of Guarantor hereunder: (a) retain or obtain (i) a Lien upon or a security interest in the Lessee's interests in the Lease and (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case property to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the LiabilitiesLiabilities or any obligation hereunder; (c) extend or renew for one or more periods (regardless of whether longer than the original period), alter or exchange any of the Liabilities, or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, the Lessor) including UCI with respect to any of the Liabilities; (d) release or fail to perfect its Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release release, compromise, alter or compromise exchange any obligations of any nature of any obligor with respect to any such property; and (e) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Agent or any other Person Beneficiary shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor)Liabilities.

Appears in 1 contract

Samples: Universal Compression Inc

Certain Actions. The Funding Parties Agent and each Lender may, from time to time at their its sole discretion and without notice to the Parent Guarantor, take any or all of the following actionsactions without affecting the obligations of Parent Guarantor hereunder: (ai) retain or obtain (i) a lien upon or a security interest in the Lessee's interests in the Lease and (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case property to secure any of the Liabilities or any obligation hereunder; (bii) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Parent Guarantor, with respect to any of the LiabilitiesLiabilities or any obligation hereunder; (ciii) with consent of the Borrower, extend or renew for one or more periods (regardless of whether longer than the original period), alter or exchange any of the Liabilities, or release or compromise any obligation of the Parent Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, including the LessorAgent) with respect to any of the Liabilities; (div) release or fail to perfect its Lien any lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release release, compromise, alter or compromise exchange any obligations of any nature of any obligor with respect to any such property; and (ev) resort to the Parent Guarantor for payment of any of the Liabilities, regardless of whether the Agent or any other Person the Lender, as the case may be, shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor)Liabilities.

Appears in 1 contract

Samples: Guaranty (Interpool Inc)

Certain Actions. The Funding Parties may, from time to time at their discretion and and, except as expressly provided for under the Operative Documents, without notice to the Guarantor, take any or all of the following actions: (a) retain or obtain (i) a security interest in the any Lessee's interests in the Lease and (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the Liabilities; (c) extend or renew for one or more periods (regardless of whether longer than the original period), or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, the LessorLessor and any Lessee) with respect to any of the Liabilities; (d) release or fail to perfect its Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release or compromise any obligations of any nature of any obligor with respect to any such property; and (e) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Agent or any other Person shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the GuarantorGuarantor to the extent permitted by law).

Appears in 1 contract

Samples: Guaranty Agreement (Dollar General Corp)

Certain Actions. The Funding Parties Each Beneficiary may, from time to time at their its sole discretion and without notice to the Guarantor, take any or all of the following actionsactions without affecting the obligations of Guarantor hereunder: (a) retain or obtain (i) a lien upon or a security interest in the Lessee's interests in the Lease and (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case property to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the LiabilitiesLiabilities or any obligation hereunder; (c) extend or renew for one or more periods (regardless of whether longer than the original period), alter or exchange any of the Liabilities, or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, the Lessor) including UCI with respect to any of the Liabilities; (d) release or fail to perfect its Lien lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release release, compromise, alter or compromise exchange any obligations of any nature of any obligor with respect to any such property; and (e) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Agent or any other Person Beneficiary shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor)Liabilities.

Appears in 1 contract

Samples: Guaranty (BRL Universal Equipment Corp)

Certain Actions. The Funding Parties Security Trustee, the Facility Agent and each Lender may, from time to time at their its sole discretion and without notice to the Guarantor, take any or all of the following actionsactions without affecting the obligations of the Guarantor hereunder: (ai) retain or obtain (i) a lien upon a security interest in any substitutions or replacements to the Lessee's interests in the Lease and Collateral; (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the LiabilitiesLiabilities or any obligation hereunder; (ciii) with consent of the Borrower, extend or renew for one or more periods (regardless of whether longer than the original period), alter or exchange any of the Liabilities, or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, including the LessorSecurity 24004027441-v2 - 5- 80-40605773 Trustee) with respect to any of the Liabilities; (div) release or fail to perfect its any Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release release, compromise, alter or compromise exchange any obligations of any nature of any obligor with respect to any such property; and (ev) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Security Trustee, the Facility Agent or any other Person the Lender, as the case may be, shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor)Liabilities.

Appears in 1 contract

Samples: Frontier Group Holdings, Inc.

Certain Actions. The Funding Parties Purchaser may, from time to time at their its sole discretion and without notice to the Guarantor, take any or all of the following actionsactions without affecting the obligations of Guarantor hereunder: (a) retain or obtain (i) a lien upon or a security interest in the Lessee's interests in the Lease and (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case property to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the LiabilitiesLiabilities or any obligation hereunder; (c) extend or renew for one or more periods (regardless of whether longer than the original period), alter or exchange any of the Liabilities, or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, the Lessorincluding any Guaranteed Party) with respect to any of the Liabilities; (d) release or fail to perfect its Lien lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release release, compromise, alter or compromise exchange any obligations of any nature of any obligor with respect to any such property; and (e) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Agent or any other Person Purchaser shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor)Liabilities.

Appears in 1 contract

Samples: Vertis Inc

Certain Actions. The Funding Parties Agent and each Lender may, from time to time at their its sole discretion and without notice to the Parent Guarantor, take any or all of the following actionsactions without affecting the obligations of Parent Guarantor hereunder: (ai) retain or obtain (i) a lien upon or a security interest in the Lessee's interests in the Lease and (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case property to secure any of the Liabilities or any obligation hereunder; (bii) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Parent Guarantor, with respect to any of the LiabilitiesLiabilities or any obligation hereunder; (ciii) extend or renew for one or more periods (regardless of whether longer than the original period), alter or exchange any of the Liabilities, or release or compromise any obligation of the Parent Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, including the LessorAgent) with respect to any of the Liabilities; (div) release or fail to perfect its Lien any lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release release, compromise, alter or compromise exchange any obligations of any nature of any obligor with respect to any such property; and (ev) resort to the Parent Guarantor for payment of any of the LiabilitiesLiabilities up to the Aggregate Maximum Guaranteed Amount, regardless of whether the Agent or any other Person the Lender, as the case may be, shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor)Liabilities.

Appears in 1 contract

Samples: Guaranty (Interpool Inc)

Certain Actions. The Funding Parties Security Trustee, the Facility Agent and each Lender may, from time to time at their its sole discretion and without notice to the Guarantor, take any or all of the following actionsactions without affecting the obligations of the Guarantor hereunder: (ai) retain or obtain (i) a lien upon a security interest in any substitutions or replacements to the Lessee's interests in the Lease and Collateral; (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the LiabilitiesLiabilities or any obligation hereunder; (ciii) with consent of the Borrower, extend or renew for one or more periods (regardless of whether longer than the original period), alter or exchange any of the Liabilities, or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, including the LessorSecurity 24004027444-v2 - 5- 80-40605773 Trustee) with respect to any of the Liabilities; (div) release or fail to perfect its any Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release release, compromise, alter or compromise exchange any obligations of any nature of any obligor with respect to any such property; and (ev) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Security Trustee, the Facility Agent or any other Person the Lender, as the case may be, shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor)Liabilities.

Appears in 1 contract

Samples: Frontier Group Holdings, Inc.

Certain Actions. The Funding Parties may, from time to time at --------------- their discretion and without notice to the Guarantor, take any or all of the following actions: (a) retain or obtain (i) a security interest in the Lessee's interests in the Lease and (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the Liabilities; (c) extend or renew for one or more periods (regardless of whether longer than the original period), or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, the Lessor) with respect to any of the Liabilities; (d) release or fail to perfect its Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release or compromise any obligations of any nature of any obligor with respect to any such property; and (e) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Agent or any other Person shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by ---------- the Guarantor).

Appears in 1 contract

Samples: Master Agreement (Sterling Commerce Inc)

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Certain Actions. The Funding Parties Security Trustee, the Facility Agent and each Lender may, from time to time at their its sole discretion and without notice to the Guarantor, take any or all of the following actionsactions without affecting the obligations of the Guarantor hereunder: (ai) retain or obtain (i) a lien upon a security interest in any substitutions or replacements to the Lessee's interests in the Lease and Collateral; (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the LiabilitiesLiabilities or any obligation hereunder; (ciii) with consent of the Borrower, extend or renew for one or more periods (regardless of whether longer than the original period), alter or exchange any of the Liabilities, or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, including the LessorSecurity 24002493669-v4 - 5- 80-40605773 Trustee) with respect to any of the Liabilities; (div) release or fail to perfect its any Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release release, compromise, alter or compromise exchange any obligations of any nature of any obligor with respect to any such property; and (ev) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Security Trustee, the Facility Agent or any other Person the Lender, as the case may be, shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor)Liabilities.

Appears in 1 contract

Samples: Frontier Group Holdings, Inc.

Certain Actions. The Funding Parties may, from time to time --------------- at their discretion and without notice to the any Guarantor, take any or all of the following actions: (a) retain or obtain (i) a security interest in the any Lessee's interests in the Lease and (ii) a lien or a security interest hereafter granted by any Person upon or in any propertyproperty (other than Lessee's Property and property listed as Permitted Encumbrances), located on the Land or in the Building, in each case to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the GuarantorGuarantors, with respect to any of the Liabilities; (c) extend or renew for one or more periods (regardless of whether longer than the original period), or release or compromise any obligation of the Guarantor Guarantors hereunder or any obligation of any nature of any other obligor (including, without limitation, the LessorLessor and the Lessees) with respect to any of the Liabilities; (d) release or fail to perfect its Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release or compromise any obligations of any nature of any obligor with respect to any such property; and (e) resort to the Guarantor Guarantors for payment of any of the Liabilities, regardless of whether the Agent or any other Person shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any Lessee or any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the ---------- each Guarantor).

Appears in 1 contract

Samples: Guaranty Agreement (Rowe Companies)

Certain Actions. The Funding Parties and/or the Agent may, from time to time at their discretion and without notice to the Guarantor, take any or all of the following actions: (a) retain or obtain (i) a security interest in the any Lessee's interests in the Lease or the Leased Property and (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the Liabilities; (c) extend or renew for one or more periods (regardless of whether longer than the original period), or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, the LessorLessor and the Lessees) with respect to any of the Liabilities; (d) release or fail to perfect its Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release or compromise any obligations of any nature of any obligor with respect to any such property; and (e) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Agent or any other Person shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any Lessee or any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor).

Appears in 1 contract

Samples: Guaranty Agreement (Concord Efs Inc)

Certain Actions. The Funding Parties may, from time to time at their discretion and without notice to the Guarantor, take any or all of the following actions: (a) retain or obtain (i) a security interest in the any Lessee's ’s interests in the Lease or the Leased Property and (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the Liabilities; (c) extend or renew for one or more periods (regardless of whether longer than the original period), or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, the LessorLessor and the Lessees) with respect to any of the Liabilities; (d) release or fail to perfect its Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release or compromise any obligations of any nature of any obligor with respect to any such property; and (e) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Agent or any other Person shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any Lessee or any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor).

Appears in 1 contract

Samples: Guaranty Agreement (Concord Efs Inc)

Certain Actions. The Funding Parties may, from time to time at their discretion and and, except as expressly provided for under the Operative Documents, without notice to the Guarantor, take any or all of the following actions: (a) retain or obtain (i) a security interest in the Lessee's interests in the Lease and (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the Liabilities; (c) extend or renew for one or more periods (regardless of whether longer than the original period), or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, the Lessor) with respect to any of the Liabilities; (d) release or fail to perfect its Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release or compromise any obligations of any nature of any obligor with respect to any such property; and (e) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Agent or any other Person shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the GuarantorGuarantor to the extent permitted by law).

Appears in 1 contract

Samples: Master Agreement (Ruby Tuesday Inc)

Certain Actions. The Funding Parties may, from time to time at their discretion and without notice to Guarantor (but subject to the Guarantorterms of the other Operative Documents), take any or all of the following actionsactions without impairing Guarantor's obligations hereunder: (a) retain or obtain (i) a security interest in the any Lessee's interests in the Lease or the Leased Property and (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the GuarantorGuarantors, with respect to any of the Liabilities; (c) extend or renew for one or more periods (regardless of whether longer than the original period), or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, the LessorLessor and the Lessees) with respect to any of the Liabilities; (d) release or fail to perfect its Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release or compromise any obligations of any nature of any obligor with respect to any such property; and (e) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Agent or any other Person shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any Lessee or any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause CLAUSE (e) being hereby expressly waived by the Guarantor).

Appears in 1 contract

Samples: Guaranty Agreement (Allete Inc)

Certain Actions. The Funding Parties Buyer may, from time to time at their its sole discretion and without notice to the Guarantor, take any or all of the following actionsactions without affecting the obligations of Guarantor hereunder: (a) retain or obtain (i) a lien upon or a security interest in the Lessee's interests in the Lease and (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case property to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the LiabilitiesLiabilities or any obligation hereunder; (c) extend or renew for one or more periods (regardless of whether longer than the original period), alter or exchange any of the Liabilities, or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, the Lessorincluding any Guaranteed Party) with respect to any of the Liabilities; (d) release or fail to perfect its Lien lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release release, compromise, alter or compromise exchange any obligations of any nature of any obligor with respect to any such property; and (e) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Agent or any other Person Buyer shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor)Liabilities.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (International Comfort Products Corp)

Certain Actions. The Funding Parties Security Trustee, the Facility Agent and each Lender may, from time to time at their its sole discretion and without notice to the Guarantor, take any or all of the following actionsactions without affecting the obligations of the Guarantor hereunder: (ai) retain or obtain (i) a lien upon a security interest in any substitutions or replacements to the Lessee's interests in the Lease and Collateral; (ii) a lien or a security interest hereafter granted by any Person upon or in any property, in each case to secure any of the Liabilities or any obligation hereunder; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the LiabilitiesLiabilities or any obligation hereunder; (ciii) with consent of the Borrower, extend or renew for one or more periods (regardless of whether longer than the original period), alter or exchange any of the Liabilities, or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor (including, without limitation, including the LessorSecurity 24002499643-v4 - 5- 80-40605773 Trustee) with respect to any of the Liabilities; (div) release or fail to perfect its any Lien upon or security interest in, or impair, surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Liabilities or any obligation hereunder, or extend or renew for one or more periods (regardless of whether longer than the original period) or release release, compromise, alter or compromise exchange any obligations of any nature of any obligor with respect to any such property; and (ev) resort to the Guarantor for payment of any of the Liabilities, regardless of whether the Security Trustee, the Facility Agent or any other Person the Lender, as the case may be, shall have resorted to any property securing any of the Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Liabilities (all of the actions referred to in this clause (e) being hereby expressly waived by the Guarantor)Liabilities.

Appears in 1 contract

Samples: Frontier Group Holdings, Inc.

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