Common use of Certain Rights of Lender Clause in Contracts

Certain Rights of Lender. The GUARANTOR hereby assents to any and all terms and agreements between the LENDER and the BORROWER or between the LENDER and any other guarantor, and all amendments and modifications thereof, whether presently existing or hereafter made and whether oral or in writing. The LENDER may, without compromising, impairing, diminishing, or in any way releasing the GUARANTOR from the OBLIGATIONS and without notifying or obtaining the prior approval of the GUARANTOR, at any time or from time to time: (a) waive or excuse a default by the BORROWER or any other guarantor, or delay in the exercise by the LENDER of any or all of the LENDER'S rights or remedies with respect to such default or defaults; (b) grant extensions of time for payment or performance by the BORROWER or any other guarantor; (c) release, substitute, exchange, surrender, or add collateral of the BORROWER or of any other guarantor, or waive, release, or subordinate, in whole or in part, any lien or security interest held by the LENDER on any real or personal property securing payment or performance, in whole or in part, of the obligations of the BORROWER to the LENDER or of any other guarantor; (d) release the BORROWER or any other guarantor; (e) apply payments made by the BORROWER or by any other guarantor to any sums owed by the BORROWER to the LENDER, in any order or manner, or to any specific account or accounts, as the LENDER may elect; and (f) modify, change, renew, extend, or amend in any respect the LENDER'S agreement with the BORROWER or any other guarantor, or any document, instrument, or writing embodying or reflecting the same, including without limitation modifications which increase the amount of the OBLIGATIONS or extend the maturity of the OBLIGATIONS.

Appears in 3 contracts

Samples: Guaranty Agreement (Ch Energy Group Inc), Guaranty Agreement (Ch Energy Group Inc), Guaranty Agreement (Avatech Solutions Inc)

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Certain Rights of Lender. The GUARANTOR hereby assents to any and all terms and agreements between the LENDER and the BORROWER BORROWERS (or any of them) or between the LENDER and any other guarantor, and all amendments and modifications thereof, whether presently existing or hereafter made and whether oral or in writing. The LENDER may, without compromising, impairing, diminishing, or in any way releasing the GUARANTOR from the OBLIGATIONS and without notifying or obtaining the prior approval of the GUARANTOR, at any time or from time to time: (a) waive or excuse a default by the BORROWER BORROWERS (or any of them) or any other guarantor, or delay in the exercise by the LENDER of any or all of the LENDER'S LENDERS rights or remedies with respect to such default or defaults; (b) grant extensions of time for payment or performance by the BORROWER BORROWERS or any other guarantor; (c) release, substitute, exchange, surrender, or add collateral of the any BORROWER or of any other guarantor, or waive, release, or subordinate, in whole or in part, any lien or security interest held by the LENDER on any real or personal property securing payment or performance, in whole or in part, of the obligations of the BORROWER BORROWERS (or any of them) to the LENDER or of any other guarantor; (d) release the BORROWER BORROWERS (or any of them) or any other guarantor; (e) apply payments made by the BORROWER BORROWERS or by any other guarantor to any sums owed by the BORROWER BORROWERS to the LENDER, in any order or manner, or to any specific account or accounts, as the LENDER may elect; and (f) modify, change, renew, extend, or amend in any respect the LENDER'S LENDERS agreement with the BORROWER BORROWERS (or any of them) or any other guarantor, or any document, instrument, or writing embodying or reflecting the same, including without limitation modifications which increase the amount of the OBLIGATIONS obligations of the BORROWERS under the LOAN DOCUMENTS or extend the maturity of the OBLIGATIONSobligations of the BORROWERS under the LOAN DOCUMENTS.

Appears in 2 contracts

Samples: Limited Guaranty Agreement (Gse Systems Inc), Limited Guaranty Agreement (Gse Systems Inc)

Certain Rights of Lender. The GUARANTOR Each of the GUARANTORS hereby assents to any and all terms and agreements between the LENDER and the BORROWER BORROWERS or between the LENDER and any other guarantorGUARANTOR, and all amendments and modifications thereof, whether presently existing or hereafter made and whether oral or in writing. The LENDER may, without compromising, impairing, diminishing, or in any way releasing the GUARANTOR GUARANTORS from the GUARANTORS' duties to pay and perform the OBLIGATIONS and without notifying or obtaining the prior approval of any of the GUARANTORGUARANTORS, at any time or from time to time: (a) waive or excuse a default by the BORROWER BORROWERS or any other guarantorGUARANTOR, or delay in the exercise by the LENDER of any or all of the LENDER'S rights or remedies with respect to such default or defaults; (b) grant extensions of time for payment or performance by the BORROWER BORROWERS or any other guarantorGUARANTOR; (c) release, substitute, exchange, surrender, or add collateral of the BORROWER BORROWERS or of any other guarantorGUARANTOR, or waive, release, or subordinate, in whole or in part, any lien or security interest held by the LENDER on any real or personal property securing payment or performance, in whole or in part, of the obligations of the BORROWER BORROWERS to the LENDER or of any other guarantorGUARANTOR or any other PERSON; (d) release the BORROWER BORROWERS or any other guarantorGUARANTOR or other PERSON from any duties or obligations owed by the BORROWERS or any other GUARANTOR or other PERSON to the LENDER; (e) apply payments made by increase the BORROWER or by any other guarantor to any sums owed by obligations of the BORROWER to BORROWERS under the LENDER, in any order or manner, or to any specific account or accounts, as the LENDER may electLOAN DOCUMENTS; and (f) modify, change, renew, extend, terminate, or amend in any respect any of the LOAN DOCUMENTS or the LENDER'S agreement agreements with the BORROWER BORROWERS or with any other guarantor, or any document, instrument, or writing embodying or reflecting the same, including without limitation modifications which increase the amount of the OBLIGATIONS or extend the maturity of the OBLIGATIONSGUARANTOR.

Appears in 1 contract

Samples: Secured Guaranty Agreement (Imtek Office Solutions Inc)

Certain Rights of Lender. The GUARANTOR hereby assents to any and all terms and agreements between the LENDER and any of the BORROWER BORROWERS or between the LENDER and any other guarantor, and all amendments and modifications thereof, whether presently existing or hereafter made and whether oral or in writing. The LENDER may, without compromising, impairing, diminishing, or in any way releasing the GUARANTOR from the OBLIGATIONS and without notifying or obtaining the prior approval of the GUARANTOR, at any time or from time to time: (a) waive or excuse a default by any of the BORROWER BORROWERS or any other guarantor, or delay in the exercise by the LENDER of any or all of the LENDER'S ’S rights or remedies with respect to such default or defaults; (b) grant extensions of time for payment or performance by any of the BORROWER BORROWERS or by any other guarantor; (c) release, substitute, exchange, surrender, or add collateral of any of the BORROWER BORROWERS or of any other guarantor, or waive, release, or subordinate, in whole or in part, any lien or security interest held by the LENDER on any real or personal property securing payment or performance, in whole or in part, of the obligations of any of the BORROWER BORROWERS to the LENDER or of any other guarantor; (d) release any or all of the BORROWER BORROWERS or any other guarantor; (e) apply payments made by any of the BORROWER BORROWERS or by any other guarantor to any sums owed by the BORROWER BORROWERS to the LENDER, in any order or manner, or to any specific account or accounts, as the LENDER may elect; and (f) modify, change, renew, extend, or amend in any respect the LENDER'S ’S agreement with any of the BORROWER BORROWERS or any other guarantor, or any document, instrument, or writing embodying or reflecting the same, including without limitation modifications which increase the amount of the OBLIGATIONS or extend the maturity of the OBLIGATIONS.

Appears in 1 contract

Samples: Guaranty Agreement (Avatech Solutions Inc)

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Certain Rights of Lender. The GUARANTOR Each EQUITY HOLDER hereby assents to any and all terms and agreements between the LENDER and the BORROWER or between the LENDER and any other guarantorparty, and all amendments and modifications thereof, whether presently existing or hereafter made and whether oral or in writing. ; provided, however, that in no event shall such assent have the effect of extending the term of this AGREEMENT beyond the term stated in the Section of this AGREEMENT which is captioned, “Termination Of Agreement.” The LENDER may, without compromising, impairing, diminishing, or in any way releasing the GUARANTOR each EQUITY HOLDER from the OBLIGATIONS its respective obligations hereunder and without notifying or obtaining the prior approval of the GUARANTOReach EQUITY HOLDER, at any time or from time to time: (a) waive or excuse a default by the BORROWER or any other guarantor, or delay in the exercise by the LENDER of any or all of the LENDER'S ’s rights or remedies with respect to such default or defaults; (b) grant extensions of time for payment or performance by the BORROWER or any other guarantorBORROWER; (c) release, substitute, exchange, surrender, or add collateral of the BORROWER or of any other guarantor, or waive, release, or subordinate, in whole or in part, any lien or security interest held by the LENDER on any real or personal property securing payment or performance, in whole or in part, of the obligations of the BORROWER to the LENDER or of any other guarantorparty; (d) release the BORROWER or any other guarantor; (e) apply payments made by the BORROWER or by any other guarantor party to any sums owed by the BORROWER to the LENDER, in any order or manner, or to any specific account or accounts, as the LENDER may elect; and (fe) modify, change, renew, extend, or amend in any respect any of the LENDER'S agreement with LOAN DOCUMENTS or any of the other agreements between the LENDER and the BORROWER or any other guarantorparty, or any other document, instrument, or writing embodying or reflecting the same, including without limitation but not limited to modifications which increase the amount of the OBLIGATIONS LOAN or extend the maturity of the OBLIGATIONSLOAN.

Appears in 1 contract

Samples: Call Agreement (Vocus, Inc.)

Certain Rights of Lender. The GUARANTOR hereby assents to any and all terms and agreements between the LENDER and the BORROWER or between the LENDER and any other guarantor, and all amendments and modifications thereof, whether presently existing or hereafter made and whether oral or in writing. The LENDER may, without compromising, impairing, diminishing, or in any way releasing the GUARANTOR from the OBLIGATIONS and without notifying or obtaining the prior approval of the GUARANTOR, at At any time or and from time to timetime (and whether once or more than once), without the necessity of any reservation of rights against the Guarantor and without notice to, demand on or further assent by the Guarantor or any other person: (a) waive any collateral security (which term as used in this Guaranty includes other guaranties) held by or excuse a default by available to the BORROWER Lender in respect of the Liabilities or any other guarantor, or delay in the exercise by the LENDER respect of any or all guaranty of the LENDER'S rights Liabilities may be sold, exchanged, waived, subordinated, surrendered or remedies with respect to such default released, in whole or defaultsin part and in any order; (b) grant extensions any of time the Liabilities or the obligations of any other guarantor of the Liabilities may be changed, renewed, extended, continued, accelerated, surrendered, compromised, subordinated, waived or released, in whole or in part, or any default with respect thereto waived or any demand for payment or performance by the BORROWER or any other guarantorwith respect thereto rescinded; (c) the Lender may set off, refrain from setting off or release, substitute, exchange, surrender, or add collateral of the BORROWER or of any other guarantor, or waive, release, or subordinate, in whole or in part, any lien balance of any and all deposits (general or special) or credits on its books in favor of the Borrower or of any such guarantor, may take or refrain from taking or perfecting any security interest held in any collateral security and may exercise or refrain from exercising any right against the Borrower or any other person; (d) the Lender may extend or refrain from extending further credit or financial accommodations in any manner whatsoever to, may accept compositions from and may otherwise generally deal with the Borrower and any other person and with any collateral security as the Lender may see fit; and (e) the Lender may apply all moneys at any time received from the Borrower or any other person or from any collateral security in such manner, in such amounts and against such part of the Liabilities (including Liabilities not covered by this Guaranty) as the LENDER on Lender considers best and change any real or personal property securing payment or performance, such application in whole or in partpart as the Lender may see fit. All of these actions may be taken without in any way limiting, diminishing or affecting the Guarantor’s liability under this Guaranty and without imposing any obligation of trust on the Lender, and no loss of or in respect of any collateral security, whether caused by the fault of the obligations of the BORROWER to the LENDER Lender or of any other guarantor; (d) release the BORROWER or any other guarantor; (e) apply payments made by the BORROWER or by any other guarantor to any sums owed by the BORROWER to the LENDERotherwise, shall in any order way limit, diminish or manner, or to any specific account or accounts, as affect the LENDER may elect; and (f) modify, change, renew, extend, or amend in any respect the LENDER'S agreement with the BORROWER or any other guarantor, or any document, instrument, or writing embodying or reflecting the same, including without limitation modifications which increase the amount of the OBLIGATIONS or extend the maturity of the OBLIGATIONSGuarantor’s liability under this Guaranty.

Appears in 1 contract

Samples: Guaranty and Subordination Agreement (DecisionPoint Systems, Inc.)

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