LENDER ACTIONS. To the extent applicable law may impose duties on Crestmark to exercise remedies in a commercially reasonable manner, Borrower agrees that it is not commercially unreasonable for Crestmark: to fail to exercise remedies against any Collateral or any particular Account Debtor; to proceed against Account Debtors either directly or through collection agencies; to advertise disposition of Collateral through publications or media of general circulation; to hire professional auctioneers to dispose of Collateral; to dispose of Collateral in wholesale or retail markets; to disclaim warranties with respect to Collateral; or to obtain services of attorneys or other professionals. The foregoing is not an exhaustive list and nothing contained in the foregoing shall be construed to grant any rights to Borrower or to impose any duties on Crestmark that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 16. Borrower agrees that under no circumstances is Crestmark the agent or representative of Borrower.
LENDER ACTIONS. The Guarantor hereby consents and agrees that Lender may at any time or from time to time in their discretion (a) extend or defer the timing of dividends, (b) modify the terms and conditions under which an extension of credit may be made to Borrowers, (e) settle, compromise or grant releases for liabilities of any Borrower, and/or any other Person or Persons liable with Guarantor for, any Obligations, (d) and exchange, compromise, release or surrender, or subordinate or release any lien on any Borrower asset (including any collections therefrom or proceeds thereof); all of the foregoing in such manner and upon such terms as Lender may see fit, and without notice to or further consent from the Guarantor, who hereby agrees to be and shall remain bound upon this Agreement notwithstanding any such action on Lender’s part.
LENDER ACTIONS. Guarantor acknowledges and agrees that Xxxxxx may take actions relating to the Borrower, the Guaranteed Obligations, and the Collateral, and that Lender has no obligation to notify Guarantor or obtain Guarantor’s consent to such actions. Such actions include, without limitation: (i) making additional loans to Borrower or otherwise extending additional credit to Borrower; (ii) renewing, extending, accelerating, and otherwise changing the time for payment or performance of the Guaranteed Obligations; (iii) modifying any other terms of any of the Loan Documents, including changing the applicable interest rate; (iv) taking and holding additional security for the Guaranteed Obligations; (v) perfecting its interest in the Collateral or any new security, or exchanging, enforcing, waiving, or releasing all or any part of the Collateral or such additional security; (vi) purchasing all or any part of the Collateral at a public or private sale with or without the substitution of new collateral; (vii) releasing, substituting, agreeing not to sue, or dealing with any one or more of Borrower’s endorsers, other guarantors, and other obligors under the Loan Agreement; (viii) determining how, when, and what application of payments and credits will be made on the Guaranteed Obligations; (ix) selling, transferring, assigning or granting participations in all or any part of the Guaranteed Obligations; and (x) assigning its rights under the Loan Agreement and any related security agreement or other guaranty. Xxxxxxxxx confirms and agrees that no such actions will impair, limit or otherwise affect Guarantor’s obligations under this Guaranty.
LENDER ACTIONS. To the extent applicable law may impose duties on Pathward to exercise remedies in a commercially reasonable manner, Borrower agrees that it is not commercially unreasonable for Pathward: to fail to exercise remedies against any Collateral or any particular Account Debtor; to proceed against Account Debtors either directly or through collection agencies; to advertise disposition of Collateral through publications or media of general circulation; to hire professional auctioneers to dispose of Collateral; to dispose of Collateral in wholesale or retail markets; to disclaim warranties with respect to Collateral; or to obtain services of attorneys or other professionals. The foregoing is not an exhaustive list and nothing contained in the foregoing shall be construed to grant any rights to Borrower or to impose any duties on Pathward that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 16. Xxxxxxxx agrees that under no circumstances is Pathward the agent or representative of Xxxxxxxx.
LENDER ACTIONS. Guarantor hereby consents and agrees that Lender may at any time or from time to time in Lender’s discretion (a) extend or change the time of payment and/or change the manner, place or terms of payment of any or all Obligations, (b) amend, supplement, restate or replace the Transaction Documents or any related agreements, (c) renew or extend any financing now or hereafter reflected by the Transaction Documents or the maturity thereof or increase (without limit of any kind and whether related or unrelated) or decrease loans and extensions of credit to Company, (d) modify the terms and conditions under which loans and/or extensions of credit may be made to Company, (e) settle, compromise or grant releases for liabilities of the Company, and/or any other Person or Persons liable with Guarantor for, any Obligations, (f) exchange, compromise, release or surrender, or subordinate or release any lien on, any property (including any collections therefrom or proceeds thereof) of the Company or any other Person or Persons now or hereafter securing any of the Obligations, and (g) apply any and all payments and proceeds of any property of any Person securing any or all of the Obligations received by Lender at any time against the Obligations in any order as Lender may determine; all of the foregoing in such manner and upon such terms as Lender may see fit, and without notice to or further consent from Guarantor, who hereby agrees to be and shall remain bound upon this Guaranty notwithstanding any such action on Lender’s part.
LENDER ACTIONS. Upon the occurrence of an Event of Default under this Lease, Landlord shall take no action to (i) effect a termination or cancellation of this Lease, as the case may be; (ii) dispossess Tenant or any Lender; or (iii) exercise its right of reentry or its right with respect to any security interest (Landlord’s obligations as set forth above are collectively referred to as “Landlord’s Forbearance”) without first giving an additional period of time to each Lender for whom Landlord has received a Notice of Financing in order for Lender to forthwith institute, prosecute, and complete with due diligence and continuity, foreclosure proceedings or otherwise acquire all of Tenant’s interest under this Lease and to obtain possession of the Site, provided that throughout the additional period of Landlord’s Forbearance under this section:
LENDER ACTIONS. To the extent applicable law may impose duties on Lender to exercise remedies in a commercially reasonable manner, Borrower agrees that it is not commercially unreasonable for Lender: to fail to exercise remedies against any Collateral; to advertise disposition of Collateral through publications or media of general circulation; to hire professional auctioneers to dispose of Collateral; to dispose of Collateral in wholesale or retail markets; to disclaim warranties with respect to Collateral; or to obtain services of attorneys or other professionals. The foregoing is not an exhaustive list and nothing contained in the foregoing shall be construed to grant any rights to Borrower or to impose any duties on Lender that would not have been granted or imposed by this Agreement or by applicable law in the absence of this Section 17. Borrower agrees that under no circumstances is Lender the agent or representative of Borrower.
LENDER ACTIONS. Each Lender agrees that it will not take any enforcement action, nor institute any actions or proceedings, with respect to the Loans, against Borrower hcreunder or under the other Loan Documents without the consent of the Agent or Requisite Lenders. All such enforcement action and proceedings shall be (i) taken in concert and (ii) at the direction of or with the consent of Agent or Requisite Lenders. With respect to any action by Agent to cnfoicc the rights and remedies of Agent and the Lenders under this Agreement and the other Loan Documents, each Lender hereby consents to the jurisdiction of the court in which such action is maintained, and agrees to deliver its Notes to Agent to the extent necessary to enforce the rights and remedies of Agent for the benefit of the Lenders.
LENDER ACTIONS. Against Borrower or the Collateral Each Lender agrees that it will not take any action, nor institute any actions or proceedings, against Borrower or any other person hereunder or under any other Loan Documents with respect to exercising claims against the Borrower or rights in any collateral without the consent of the Required Lenders. With respect to any action by the Agent to enforce the rights and remedies of the Agent and Lenders with respect to the Borrower and any collateral in accordance with the terms of this Agreement, each Lender hereby consents to the jurisdiction of the court in which such action is maintained.
LENDER ACTIONS. 6.1 The Debtor hereby authorizes the Lender to: (a) file such financing statements and other documents and do such acts, matters and things (including completing and adding schedules hereto identifying the Collateral or any permitted Encumbrances affecting collateral or identifying the locations at which the Debtor's business is carried on and the Collateral and records relating thereto are situate), consistent with the terms and conditions of this General Security Agreement, as the Lender may deem appropriate to perfect and continue the security constituted hereby, to protect and preserve the Collateral and to realize upon the security constituted hereby and the Debtor hereby irrevocably constitutes and appoints the Lender the true and lawful attorney of the Debtor, with full power of substitution to do any of the foregoing in the name of the Debtor whenever and wherever it may be deemed necessary or expedient by the Lender; and (b) make enquiries from time to time of any governmental authority with respect to the Debtor's compliance with Environmenta1 Laws and the Debtor agrees that the Debtor will from time to time provide to the Lender with such written authorization as the Lender may reasonably require in order to facilitate the obtaining of such information. 6.3 If the Debtor fails to perform any of its Obligations hereunder, the Lender may, after written notice to Debtor, but shall not be obliged to, perform any or all of such Obligations without prejudice to any other rights and remedies of the Lender hereunder, and any payments made and any reasonable costs, charges, expenses and legal fees and disbursements incurred in connection therewith shall be payable by the Debtor to the Lender forthwith with interest until paid at the highest rate borne by any of the Obligations and such amounts shall form part of the Obligations and constitute a charge upon the Collateral in favor of the Lender prior to all claims subsequent to this General Security Agreement.
