Common use of Freedom of Dealing Clause in Contracts

Freedom of Dealing. Each Holder of a Note agrees, with respect to Senior Indebtedness and any and all collateral therefor or guaranties thereof, that the Company and the holders of Senior Indebtedness may, subject to the limitations contained in Section 10.6 of this Agreement, agree to increase the amount of the Senior Indebtedness or otherwise modify the terms of the Senior Indebtedness, and the holders of Senior Indebtedness may grant extensions of the time of payment or performance to and make compromises, including releases of collateral or guaranties, and settlements with the Company and all other Persons, in each case without the consent of the Holders of the Notes or the Company and without affecting the agreements of the Holders of the Notes or the Company contained in this Article 12; provided, however, that nothing contained in this Section 12.13 shall constitute a waiver of the right of the Company itself to agree or consent to a settlement or compromise of a claim which holders of Senior Indebtedness may have against the Company.

Freedom of Dealing. Each Holder of a Note agrees, with respect to Senior Indebtedness and any and all collateral therefor or guaranties thereof, that the Company and the holders of Senior Indebtedness may, subject to the limitations contained in Section 10.6 of this Agreement, agree to increase the amount of the Senior Indebtedness or otherwise modify the terms of the Senior Indebtedness, and the holders of Senior Indebtedness may grant extensions of the time of payment or performance to and make compromises, including releases of collateral or guaranties, and settlements with the Company and all other Persons, in each case without the consent of the Holders of the Notes or the Company and without affecting the agreements of the Holders of the Notes or the Company contained in this Article 12; providedPROVIDED, howeverHOWEVER, that nothing contained in this Section 12.13 shall constitute a waiver of the right of the Company itself to agree or consent to a settlement or compromise of a claim which holders of Senior Indebtedness may have against the Company.

Freedom of Dealing. Each Holder of a Note Subordinating Creditor agrees, with respect to the Senior Indebtedness Debt and any and all collateral therefor or guaranties thereof, that the Company and Borrower, the Senior Creditors and/or any other holders of Senior Indebtedness may, subject to the limitations contained in Section 10.6 of this Agreement, Debt may agree to increase the amount of the Senior Indebtedness Debt or otherwise modify the terms of any of the Senior IndebtednessDebt, and the Senior Creditors and/or the other holders of any Senior Indebtedness Debt may grant extensions of the time of payment or performance to and make compromises, including releases of collateral or guaranties, and settlements with the Company Borrower and all other Personspersons, in each case without the consent of the Holders of the Notes Subordinating Creditors or the Company Borrower and without affecting the agreements of the Holders of the Notes Subordinating Creditors or the Company Borrower contained in this Article 12Agreement; provided, however, that nothing contained in this Section 12.13 10 shall constitute a waiver of the right of the Company Borrower itself to agree or consent to a settlement or compromise of a claim which holders any Senior Creditor and/or any other holder of Senior Indebtedness Debt may have against the CompanyBorrower.