Common use of Certain Permitted Actions of Lender Clause in Contracts

Certain Permitted Actions of Lender. Lender may from time to time, in its sole discretion and without notice to Guarantor, take any of the following actions without in any way affecting the obligations of Guarantor: (a) obtain a security interest from Borrower or any other third party in any property to secure any of the Liabilities or any obligation hereunder or under any of the Loan Documents; (b) obtain the primary or secondary obligation of any additional obligor or obligors with respect to any of the Liabilities or any obligations under any of the Loan Documents; (c) extend, modify, subordinate, exchange or release any of the Liabilities or any of the obligations under any of the Loan Documents; (d) modify, subordinate, exchange or release its security interest in any part of any property securing any of the Liabilities or any obligation hereunder or any obligation under any of the Loan Documents, or extend, modify, subordinate, exchange or release any obligations of any obligor with respect to any such property; (e) alter the manner or place of payment and/or performance of the Liabilities; (f) enforce this Guaranty against any Guarantor for payment and/or performance of any of the Liabilities, whether or not Lender has (A) proceeded against any other Guarantor or any other party primarily or secondarily obligated with respect to any of the Liabilities or (B) resorted to or exhausted any other remedy or any other security or collateral; (g) foreclose on, taken possession of or sold any of the collateral or security for the Liabilities or enforce any other rights under the Note, the Mortgage or any of the other Loan Documents; and/or (h) extend, modify, subordinate, exchange or release any of the Loan Documents. Notwithstanding any of the rights set forth above, (i) nothing set forth in this Section 4.3 is intended to evidence Guarantor’s consent to any action by Borrower that would constitute a violation of Section 13.3 of the Mortgage and (ii) Lender shall have no right to modify any of the terms of Section 15.1(c) or Section 15.1(d) of the Mortgage without Guarantor’s consent, which may be given or withheld in its sole and absolute discretion.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Glimcher Realty Trust)

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Certain Permitted Actions of Lender. Lender may from time to time, in its sole discretion and without notice to Guarantor, take any of the following actions without in any way affecting the obligations of Guarantor: (a) obtain a security interest from Borrower or any other third party in any property to secure any of the Liabilities or any obligation hereunder or under any of the Loan Documents; (b) obtain the primary or secondary obligation of any additional obligor or obligors with respect to any of the Liabilities or any obligations under any of the Loan Documents; (c) extend, modify, subordinate, exchange or release any of the Liabilities or any of the obligations under any of the Loan Documents; (d) modify, subordinate, exchange or release its security interest in any part of any property securing any of the Liabilities or any obligation hereunder or any obligation under any of the Loan Documents, or extend, modify, subordinate, exchange or release any obligations of any obligor with respect to any such property; (e) alter the manner or place of payment and/or performance of the Liabilities; (f) enforce this Guaranty against any Guarantor for payment and/or performance of any of the Liabilities, whether or not Lender has (A) proceeded against any other Guarantor or any other party primarily or secondarily obligated with respect to any of the Liabilities or (B) resorted to or exhausted any other remedy or any other security or collateral; (g) foreclose on, taken possession of or sold any of the collateral or security for the Liabilities or enforce any other rights under the Note, the Mortgage Deed of Trust or any of the other Loan Documents; and/or (h) extend, modify, subordinate, exchange or release any of the Loan Documents. Notwithstanding any of the rights set forth above, (i) nothing set forth in this Section 4.3 is intended to evidence Guarantor’s consent to any action by Borrower that would constitute a violation of Section 13.3 of the Mortgage Deed of Trust and (ii) Lender shall have no right to modify any of the terms of Section 15.1(c) or Section 15.1(d) of the Mortgage Deed of Trust without Guarantor’s consent, which may be given or withheld in its sole and absolute discretion.

Appears in 1 contract

Samples: Glimcher Realty Trust

Certain Permitted Actions of Lender. Lender may from time to time, in its sole discretion and without notice to Guarantor, take any of the following actions without in any way affecting the obligations of Guarantoreither Guarantor hereunder or under any other Loan Document to which Guarantor is a party: (a) obtain a security interest from Borrower or any other third party in any property of Borrower to secure any of the Liabilities Guaranteed Obligations or any other obligation hereunder or under any of the Loan Documentshereunder, if any; (b) obtain the primary or secondary obligation of any additional obligor or obligors with respect to any of the Liabilities or any obligations under any of the Loan DocumentsGuaranteed Obligations; (c) extend, modify, subordinate, exchange or release any of the Liabilities or any of the obligations under any of the Loan DocumentsGuaranteed Obligations; (d) modify, subordinate, exchange or release its security interest in any part of any property of Borrower, if any, securing any of the Liabilities Guaranteed Obligations or any other obligation hereunder or any obligation under any of the Loan Documentshereunder, or extend, modify, subordinate, exchange or release any obligations of any obligor with respect to any such property; (e) alter the manner or place of payment and/or performance of the LiabilitiesGuaranteed Obligations; (f) enforce this Guaranty against any Guarantor for payment and/or or performance of any of the LiabilitiesGuaranteed Obligations, whether or not Lender has shall have (A) proceeded against any other Guarantor Borrower or any other party primarily or secondarily obligated with respect to any of the Liabilities Guaranteed Obligations or (B) resorted to or exhausted any other remedy or any other security or collateral; and (g) foreclose on, taken take possession of or sold sell any of the collateral or security for the Liabilities Guaranteed Obligations or enforce any other rights under the Note, the Mortgage or any of the other Loan Documents; and/or (h) extend, modify, subordinate, exchange or release any of the Loan Documents. Notwithstanding any of the rights set forth above, (i) nothing set forth in this Section 4.3 is intended to evidence Guarantor’s consent to any action by Borrower that would constitute a violation of Section 13.3 of the Mortgage and (ii) Lender shall have no right to modify any of the terms of Section 15.1(c) or Section 15.1(d) of the Mortgage without Guarantor’s consent, which may be given or withheld in its sole and absolute discretionDocument.

Appears in 1 contract

Samples: Sole Member Guaranty (Arcimoto Inc)

Certain Permitted Actions of Lender. Lender may from time to time, in its Lender’s sole discretion and without notice to Guarantor, take any of the following actions without in any way affecting the obligations of Guarantor: (ai) obtain a security interest from Borrower or any other third party in any property to secure any of the Liabilities Indebtedness or the Obligations or any obligation hereunder or under any of the Loan Documentshereunder; (bii) obtain the primary or secondary obligation of any additional obligor or obligors with respect to any of the Liabilities Indebtedness or any obligations under any of the Loan DocumentsObligations; (ciii) extend, modify, subordinate, exchange or release any of the Liabilities Indebtedness or any of the obligations under any of the Loan DocumentsObligations; (div) modify, subordinate, exchange or release its Lender’s security interest in any part of any property securing any of the Liabilities Indebtedness or the Obligations or any obligation hereunder or any obligation under any of the Loan Documentshereunder, or extend, modify, subordinate, exchange or release any obligations of any obligor with respect to any such property; (ev) alter the manner or place of payment and/or performance of the LiabilitiesIndebtedness or the Obligations; (fvi) enforce this Guaranty against any Guarantor for payment and/or performance of any of the Guarantor’s Liabilities, whether or not Lender has shall have (A) proceeded against Borrower or any other Guarantor guarantor or any other party primarily or secondarily obligated with respect to any of the Guarantor’s Liabilities or (B) resorted to or exhausted any other remedy or any other security or collateral; and (gvii) foreclose on, taken take possession of or sold sell any of the collateral or security for the Guarantor’s Liabilities or enforce any other rights under the Note, the Mortgage or any of the other Loan Documents; and/or (h) extend, modify, subordinate, exchange or release any of the Loan Documents. Notwithstanding any of the rights set forth above, (i) nothing set forth in this Section 4.3 is intended to evidence Guarantor’s consent to any action by Borrower that would constitute a violation of Section 13.3 of the Mortgage and (ii) Lender shall have no right to modify any of the terms of Section 15.1(c) or Section 15.1(d) of the Mortgage without Guarantor’s consent, which may be given or withheld in its sole and absolute discretionDocument.

Appears in 1 contract

Samples: Settlement Agreement (Marine Growth Ventures Inc)

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Certain Permitted Actions of Lender. Lender may from time to time, in its sole discretion and without notice to Guarantor, take any of the following actions without in any way affecting the obligations of Guarantor: (a) obtain a security interest from Borrower or any other third party in any property to secure any of the Liabilities or any obligation hereunder or under any of the Loan Documents; (b) obtain the primary or secondary obligation of any additional obligor or obligors with respect to any of the Liabilities or any obligations under any of the Loan Documents; (c) extend, modify, subordinate, exchange or release any of the Liabilities or any of the obligations under any of the Loan Documents; (d) modify, subordinate, exchange or release its security interest in any part of any property securing any of the Liabilities or any obligation hereunder or any obligation under any of the Loan Documents, or extend, modify, subordinate, exchange or release any obligations of any obligor with respect to any such property; (e) alter the manner or place of payment and/or performance of the Liabilities; (f) enforce this Guaranty against any Guarantor for payment and/or performance of any of the Liabilities, whether or not Lender has (A) proceeded against any other Guarantor or any other party primarily or secondarily obligated with respect to any of the Liabilities or (B) resorted to or exhausted any other remedy or any other security or collateral; (g) foreclose on, taken possession of or sold any of the collateral or security for the Liabilities or enforce any other rights under the Note, the Mortgage or any of the other Loan Documents; and/or (h) extend, modify, subordinate, exchange or release any of the Loan Documents. Notwithstanding any of the rights set forth above, (i) nothing set forth in this Section 4.3 is intended to evidence Guarantor’s consent to any action by Borrower that would constitute a violation of Section 13.3 of the Mortgage and (ii) Lender shall have no right to modify any of the terms of Section 15.1(c) or Section 15.1(d) of the Mortgage without Guarantor’s consent, which may be given or withheld in its sole and absolute discretion.

Appears in 1 contract

Samples: Glimcher Realty Trust

Certain Permitted Actions of Lender. Lender may from time to time, in its sole discretion and without notice to Guarantor, take any of the following actions without in any way affecting the obligations of Guarantor: (a) obtain a security interest from Borrower or any other third party in any property to secure any of the Liabilities or any obligation hereunder or under any of the Loan Documents; (b) obtain the primary or secondary obligation of any additional obligor or obligors with respect to any of the Liabilities or any obligations under any of the Loan Documents; (c) extend, modify, subordinate, exchange or release any of the Liabilities or any of the obligations under any of the Loan Documents; (d) modify, subordinate, exchange or release its security interest in any part of any property securing any of the Liabilities or any obligation hereunder or any obligation under any of the Loan Documents, or extend, modify, subordinate, exchange or release any obligations of any obligor with respect to any such property; (e) alter the manner or place of payment and/or performance of the Liabilities; (f) enforce this Guaranty against any Guarantor for payment and/or performance of any of the Liabilities, whether or not Lender has (A) proceeded against any other Guarantor or any other party primarily or secondarily obligated with respect to any of the Liabilities or (B) resorted to or exhausted any other remedy or any other security or collateral; and (g) foreclose on, taken take possession of or sold sell any of the collateral or security for the Liabilities or enforce any other rights under the Note, the Mortgage or any of the other Loan Documents; and/or (h) extend, modify, subordinate, exchange or release any of the Loan Documents. Notwithstanding any of the rights set forth above, (i) nothing set forth in this Section 4.3 is intended to evidence Guarantor’s consent to any action by Borrower that would constitute a violation of Section 13.3 of the Mortgage and (ii) Lender shall have no right to modify any of the terms of Section 15.1(c) or Section 15.1(d) of the Mortgage without Guarantor’s consent, which may be given or withheld in its sole and absolute discretion.

Appears in 1 contract

Samples: Inland American Real Estate Trust, Inc.

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