Common use of Consents, Waivers, Etc Clause in Contracts

Consents, Waivers, Etc. Subordinated Creditor hereby consents that at any time and from time to time and with or without consideration, the Lender may, without further consent of or notice to the Subordinated Creditor and without in any manner affecting, impairing, lessening or releasing any of the provisions of this Agreement, renew, extend, change the manner, time, place and terms of payment of, sell, exchange, release, substitute, surrender, realize upon, modify, waive, grant indulgences with respect to and otherwise deal with in any manner: (a) all or any part of the Senior Indebtedness, provided, however, that the Lender may not increase the principal amount of the Senior Indebtedness without the Subordinated Creditor’s written consent; (b) all or any of the Financing Documents to which it is a party; (c) all or any part of any property at any time included within the Security; and (d) any Person at any time primarily or secondarily liable for all or any part of the Senior Indebtedness and/or any collateral and Security therefor, all as if this Subordination Agreement and any interest which the Subordinated Creditor has in the Security did not exist. Subordinated Creditor hereby waives, with respect to the Lender, demand, presentment for payment, protest, notice of dishonor and of protest with respect to the Senior Indebtedness, the Subordinated Indebtedness and/or the Security, notice of acceptance of this Agreement, notice of the making of any of the Senior Indebtedness and notice of default under any of the Financing Documents.

Consents, Waivers, Etc. The Subordinated Creditor hereby consents that at any time and from time to time and with or without consideration, the Lender Agent and/or the Lenders may, without further consent of or notice to the Subordinated Creditor and without in any manner affecting, impairing, lessening or releasing any of the provisions of this Agreement, renew, extend, change the manner, time, place and terms of payment of, sell, exchange, release, substitute, surrender, realize upon, modify, waive, grant indulgences with respect to and otherwise deal with in any manner: (a) all or any part of the Senior Indebtedness, provided, however, that the Lender may not increase the principal amount of the Senior Indebtedness without the Subordinated Creditor’s written consent; (b) all or any of the Senior Financing Documents to which it is a partyDocuments; (c) all or any part of any property at any time included within the SecurityCollateral; and (d) any Person at any time primarily or secondarily liable for all or any part of the Senior Indebtedness and/or any collateral and Security security therefor, all as if this Subordination Agreement and any interest which the Subordinated Creditor has in the Security Collateral did not exist. Subordinated Creditor hereby waives; provided, with respect however, that nothing in this Section 4.1 shall be deemed to consent to any expansion of the Lender, demand, presentment for payment, protest, notice scope of dishonor and of protest with respect to the Senior Indebtedness, the Subordinated Indebtedness and/or the Security, notice of acceptance of this Agreement, notice of the making of any of the Senior Indebtedness and notice of default under any of the Financing Documents.

Consents, Waivers, Etc. The Subordinated Creditor hereby consents that at any time and from time to time and with or without consideration, the Lender Trustee and/or the Noteholders may, without further consent of or notice to the Subordinated Creditor and without in any manner affecting, impairing, lessening or releasing any of the provisions of this Agreement, renew, extend, change the manner, time, place and terms of payment of, sell, exchange, release, substitute, surrender, realize upon, modify, waive, grant indulgences with respect to and otherwise deal with in any manner: (a) all or any part of the Senior Note Indebtedness, provided, however, that the Lender may not increase the principal amount of the Senior Indebtedness without the Subordinated Creditor’s written consent; (b) all or any of the Financing Documents to which it is a partySenior Note Documents; (c) all or any part of any property at any time included within the SecurityCollateral; and (d) any Person at any time primarily or secondarily liable for all or any part of the Senior Note Indebtedness and/or any collateral and Security security therefor, all as if this Subordination Agreement and any interest which the Subordinated Creditor has in the Security Collateral did not exist. Subordinated Creditor hereby waives; provided, with respect however, that nothing in this Section 4.1 shall be deemed to the Lender, demand, presentment for payment, protest, notice of dishonor and of protest with respect consent to the Senior Indebtedness, the Subordinated Indebtedness and/or the Security, notice of acceptance of this Agreement, notice any expansion of the making of any scope of the Senior Indebtedness and notice of default under any of the Financing DocumentsNote Indebtedness.

Consents, Waivers, Etc. Subordinated Creditor hereby consents that at any time and from time to time and with or without consideration, the Lender may, without further consent of or notice to the Subordinated Creditor and without in any manner affecting, impairing, lessening or releasing any of the provisions of this Subordination Agreement, Lenders may extend credit or other financial accommodation or benefit and loan monies to or for the account of Borrower, and may renew, extend, change the manner, time, place and terms of payment of, otherwise alter the terms of, sell, exchange, release, substitute, surrender, realize upon, modify, waive, grant indulgences with respect to and otherwise deal with in any manner: (a) all or any part of the Senior Indebtedness, provided, however, that the Lender may not increase the principal amount of the Senior Indebtedness without the Subordinated Creditor’s written consentObligations; (b) all or any of the Financing Documents agreements, documents or instruments evidencing, securing, guaranteeing or otherwise relating to which it is a partyall or any of the Obligations; (c) all or any part of any property at any time included within the SecurityCollateral; and (d) any Person person at any time primarily or secondarily liable for all or any part of the Senior Indebtedness Obligations and/or any collateral and Security thereforCollateral, all as if this Subordination Agreement and any interest which the Subordinated Creditor has in the Security did not exist. This Subordination Agreement will not be affected, impaired or released by any delay or failure of Lenders to exercise any of their rights and remedies against Borrower or any guarantor or under any of the Obligations or against any collateral or security for any of the Obligations, by any failure of Lenders to take steps to perfect or maintain its lien on, or to preserve any rights to, any Collateral by any irregularity, unenforceability or invalidity of any of the Obligations or any part thereof or any security or guarantee therefor, or by any other event or circumstance which otherwise might constitute a defense available to, or a discharge of, Borrower or a subordinated creditor. Subordinated Creditor hereby waivesagrees that all payments received by Lenders may be applied and reapplied, with respect in whole or in part, to any of the LenderObligations, as Lenders, in their sole discretion, deems appropriate. Subordinated Creditor hereby waives demand, presentment for paymentperformance, protest, notice of dishonor and of protest with respect to the Senior Indebtedness, the Subordinated Indebtedness Obligations and/or the SecurityCollateral, notice of acceptance of this Subordination Agreement, notice of the making of any of the Senior Indebtedness Obligations and notice of default under any of the Financing DocumentsObligations.

Consents, Waivers, Etc. Subordinated Creditor Agent hereby consents that at any time and from time to time and with or without consideration, the Lender may, without further consent of or notice to the Agent or the Subordinated Creditor Creditors and without in any manner affecting, impairing, lessening or releasing any of the provisions of this Agreement, renew, extend, change the manner, time, place and terms of payment of, sell, exchange, release, substitute, surrender, realize upon, modify, waive, grant indulgences with respect to and otherwise deal with in any manner: (a) all or any part of the Senior Indebtedness, provided, however, that the Lender may not increase the principal amount of the Senior Indebtedness without the Subordinated Creditor’s written consent; (b) all or any of the Financing Documents to which it is a party; (c) all or any part of any property at any time included within the Security; and (d) any Person at any time primarily or secondarily liable for all or any part of the Senior Indebtedness and/or any collateral and Security therefor, all as if this Subordination Agreement and any interest which the Subordinated Creditor has Creditors have in the Security did not exist. Subordinated Creditor Agent hereby waives, with respect to the Lender, waives demand, presentment for payment, protest, notice of dishonor and of protest with respect to the Senior Indebtedness, the Subordinated Indebtedness and/or the Security, notice of acceptance of this Agreement, notice of the making of any of the Senior Indebtedness and notice of default under any of the Financing Documents.

Consents, Waivers, Etc. Subordinated Creditor hereby consents ----------------------- that at any time and from time to time and with or without consideration, the Lender may, without further consent of or notice to the Subordinated Creditor and without in any manner affecting, impairing, lessening or releasing any of the provisions of this Agreement, renew, extend, change the manner, time, place and terms of payment of, sell, exchange, release, substitute, surrender, realize upon, modify, waive, grant indulgences with respect to and otherwise deal with in any manner: (a) all or any part of the Senior Indebtedness, provided, however, that the Lender may not increase the principal amount of the Senior Indebtedness without the Subordinated Creditor’s written consent; (b) all or any of the Financing Documents to which it is a partyDocuments; (c) all or any part of any property at any time included within the SecurityCollateral; and (d) any Person at any time primarily or secondarily liable for all or any part of the Senior Indebtedness and/or any collateral and Security security therefor, all as if this Subordination Agreement and any interest which the Subordinated Creditor has in the Security Collateral did not exist. Except as expressly set forth in this Agreement and except as required under Article 8 or Article 9 of the applicable Uniform Commercial Code, Subordinated Creditor hereby waives, with respect to the Lender, waives demand, presentment for payment, protest, notice of dishonor and of protest with respect to the Senior Indebtedness, the Subordinated Indebtedness and/or the SecurityCollateral, notice of acceptance of this Agreement, notice of the making of any of the Senior Indebtedness and notice of default under any of the Financing Documents.

Consents, Waivers, Etc. The Subordinated Creditor hereby consents that at any time and from time to time and with or without consideration, the Lender Senior Creditor may, without further consent of or notice to the Subordinated Creditor and without in any manner affecting, impairing, lessening or releasing any of the provisions of this Agreement, renew, extend, change the manner, time, place and terms of payment of, sell, exchange, release, substitute, surrender, realize upon, modify, waive, grant indulgences with respect to and otherwise deal with in any manner: (a) all or any part of the Senior Indebtedness, provided, however, that the Lender may not increase the principal amount of the Senior Indebtedness without the Subordinated Creditor’s written consent; (b) all or any of the Financing Documents to which it is a partyDocuments; (c) all or any part of any property at any time included within the Security; and (d) any Person at any time primarily or secondarily liable for all or any part of the Senior Indebtedness and/or any collateral and Security security therefor, all as if this Subordination Agreement and any interest which the Subordinated Creditor has in the Security did not exist. The Subordinated Creditor hereby waives, with respect to the Lender, waives demand, presentment for payment, protest, notice of dishonor and of protest with respect to the Senior Indebtedness, the Subordinated Indebtedness and/or the Security, notice of acceptance of this Agreement, notice of the making of any of the Senior Indebtedness and notice of default under any of the Financing Documents.