Common use of MATTERS NOT RELEVANT Clause in Contracts

MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, and Secured Party's rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's taking or accepting any additional--or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the Obligations; (b) any full or partial release of any other Person obligated on any of the Obligations; (c) the modification or assignment of-- or waiver of compliance with-- any other Term Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the Obligations; (e) any renewal, extension, or rearrangement of any of the Obligations, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the Obligations; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the Obligations; (g) any existing or future affect, claim, or defense (other than credits toward outstanding amounts in respect of application of proceeds of Collateral under this agreement and except for the defense of full and final payment of the Obligations) of Debtor or any other Person against Secured Party; (h) the unenforceability of any of the Obligations against any Person obligated or any of the Obligations because it exceeds the amount permitted by law, the act of creating it is ultra vxxxx, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligations is held to constitute a preference under the United States Bankruptcy Code or any similar state or federal debtor relief laws or for any other reason Secured Party is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor or the Secured Party of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligations other than as specifically provided in this agreement.

MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, -------------------- and Secured Party's rights and Lenders' Rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender taking or accepting any additional--additional -- or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the ObligationsObligation; (b) any full or partial release of any other Person obligated on any of the ObligationsObligation; (c) the modification or assignment of-- of -- or waiver of compliance with-- with -- any other Term Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the ObligationsObligation; (e) any renewal, extension, or rearrangement of any of the ObligationsObligation, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the ObligationsObligation; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the ObligationsObligation; (g) any existing or future affect, claim, or defense (other than credits toward outstanding amounts in respect of application of proceeds of Collateral under this agreement and except for the defense of full and final payment of the ObligationsObligation) of Debtor or any other Person against Secured PartyParty or any Lender; (h) the unenforceability of any of the Obligations Obligation against any Person obligated or any of the Obligations Obligation because it exceeds the amount permitted by lawLaw, the act of creating it is ultra vxxxxxxxxx, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligations Obligation is held to constitute a preference under the United States Bankruptcy Code or any similar state or federal debtor relief laws Debtor Law or for any other reason Secured Party or any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor Debtor, Secured Party, or the Secured Party any Lender of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligations Obligation other than as specifically provided in this agreement.. 5 Exhibit C ---------

MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, -------------------- and Secured Party's rights and Lenders' Rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender taking or accepting any additional--or additional --or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the ObligationsObligation; (b) any full or partial release of any other Person obligated on any of the ObligationsObligation; (c) the modification or assignment of-- of -- or waiver of compliance with-- with -- any other Term Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the ObligationsObligation; (e) any renewal, extension, or rearrangement of any of the ObligationsObligation, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the ObligationsObligation; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the ObligationsObligation; (g) any existing or future affect, claim, or defense (other than credits toward outstanding amounts in respect of application of proceeds of Collateral under this agreement and except for the defense of full and final payment of the ObligationsObligation) of Debtor or any other Person against Secured PartyParty or any Lender; (h) the unenforceability of any of the Obligations Obligation against any Person obligated or any of the Obligations Obligation because it exceeds the amount permitted by lawLaw, the act of creating it is ultra vxxxxxxxxx, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligations Obligation is held to constitute a preference under the United States Bankruptcy Code or any similar state or federal debtor relief laws Debtor Law or for any other reason Secured Party or any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor Debtor, Secured Party, or the Secured Party any Lender of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligations Obligation other than as specifically provided in this agreement.

MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, and Secured Party's rights and Lenders' Rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender taking or accepting any additional--additional -- or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the ObligationsObligation; (b) any full or partial release of any other Person obligated on any of the ObligationsObligation; (c) the modification or assignment of-- of -- or waiver of compliance with-- with -- any other Term Loan Credit Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the ObligationsObligation; (e) any renewal, extension, or rearrangement of any of the ObligationsObligation, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the ObligationsObligation; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the ObligationsObligation; (g) any existing or future affect, claim, or defense (other than credits toward outstanding amounts in respect of application of proceeds of Collateral under this agreement and except for OTHER THAN the defense of full and final payment of the ObligationsObligation) of Debtor or any other Person against Secured PartyParty or any Lender; (h) the unenforceability of any of the Obligations Obligation against any Person obligated or any of the Obligations Obligation because it exceeds the amount permitted by lawGovernmental Requirement, the act of creating it is ultra vxxxxULTRA VIRES, or the officers, partners, or trustees creating it exceeded their txxxx authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligations Obligation is held to constitute a preference under the United States Bankruptcy Code any Debtor LAW OR FOR ANY OTHER REASON SECURED Party or any similar state or federal debtor relief laws or for any other reason Secured Party Lender is required to refund any payment or make payment to another Person; or (j0) any Person's failure to notify Debtor Debtor, Secured Party, or the Secured Party any Lender of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any my notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligations other than offer Obligation OTHER THAN as specifically provided in this agreement.

MATTERS NOT RELEVANT. The Security Interest, Debtor's Debtors' obligations, and Secured Party's and Seasoned Warehouse Lenders' rights under this agreement Agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender's taking or accepting any additional--, or any release, surrender, exchange, subordination, or loss of any other -- other, guaranty, assurance, or security for any of the Obligations; (b) any full or partial release of any other Person obligated on any of the Obligations; (c) the modification or assignment of-- of, or waiver of compliance with-- with, any other Term Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the Obligations; (e) any renewal, extension, extension or rearrangement of any of the Obligations, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the Obligations; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the Obligations; (g) any existing or future affectright, claim, claim or defense (other than credits toward outstanding amounts in respect of application of proceeds of Collateral under this agreement and except for the defense of full and final payment of the Obligations) of any Debtor or any other Person against Secured PartyParty or any Lender; (h) the unenforceability of any of the Obligations against any Person obligated or any part of the Obligations because it exceeds the amount permitted by lawLaw, the act of creating it is ultra vxxxxvirex, or xx the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligations is held to constitute a preference under the United States Bankruptcy Code or any similar state or federal debtor relief laws Debtor Law or for any other reason Secured Party of any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor or the Secured Party of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, ; and each Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement Agreement or any of the Obligations other than as specifically provided in this agreementAgreement.

MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, and Secured Party's rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's taking or accepting any additional--or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the Obligations; (b) any full or partial release of any other Person obligated on any of the Obligations; (c) the modification or assignment of-- or waiver of compliance with-- any other Term Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the Obligations; (e) any renewal, extension, or rearrangement of any of the Obligations, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the Obligations; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the Obligations; (g) any existing or future affect, claim, or defense (other than credits toward outstanding amounts in respect of application of proceeds of Collateral under this agreement and except for the defense of full and final payment of the Obligations) of Debtor or any other Person against Secured Party; (h) the unenforceability of any of the Obligations against any Person obligated or any of the Obligations because it exceeds the amount permitted by law, the act of creating it is ultra vxxxxxxxxx, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligations is held to constitute a preference under the United States Bankruptcy Code or any similar state or federal debtor relief laws or for any other reason Secured Party is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor or the Secured Party of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligations other than as specifically provided in this agreement.

MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, and Secured Party's rights and Lenders' Rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender taking or accepting any additional--additional -- or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the ObligationsObligation; (b) any full or partial release of any other Person obligated on any of the ObligationsObligation; (c) the modification or assignment of-- of -- or waiver of compliance with-- with -- any other Term Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the ObligationsObligation; (e) any renewal, extension, or rearrangement of any of the ObligationsObligation, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the ObligationsObligation; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the ObligationsObligation; (g) any existing or future affect, claim, or defense (other than credits toward outstanding amounts in respect of application of proceeds of Collateral under this agreement and except for the defense of full and final payment of the ObligationsObligation) of Debtor or any other Person against Secured PartyParty or any Lender; (h) the unenforceability of any of the Obligations Obligation against any Person obligated or any of the Obligations Obligation because it exceeds the amount permitted by lawLaw, the act of creating it is ultra vxxxxxxxxx, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligations Obligation is held to constitute a preference under the United States Bankruptcy Code or any similar state or federal debtor relief laws Debtor Law or for any other reason Secured Party or any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor Debtor, Secured Party, or the Secured Party any Lender of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligations Obligation other than as specifically provided in this agreement.

MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, and Secured Party's rights and Lenders' Rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender taking or accepting any additional--additional -- or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the ObligationsObligation; (b) any full or partial release of any other Person obligated on any of the ObligationsObligation; (c) the modification or assignment of-- of -- or waiver of compliance with-- with -- any other Term Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the ObligationsObligation; (e) any renewal, extension, or rearrangement of any of the ObligationsObligation, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the ObligationsObligation; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the ObligationsObligation; (g) any existing or future affect, claim, or defense (other than credits toward outstanding amounts in respect of application of proceeds of Collateral under this agreement and except for OTHER THAN the defense of full and final payment of the ObligationsObligation) of Debtor or any other Person against Secured PartyParty or any Lender; (h) the unenforceability of any of the Obligations Obligation against any Person obligated or any of the Obligations Obligation because it exceeds the amount permitted by lawany Governmental Requirement, the act of creating it is ultra vxxxxULTRA XXXXX, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligations Obligation is held to constitute a preference under the United States Bankruptcy Code or any similar state or federal debtor relief laws Debtor Law or for any other reason Secured Party or any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor Debtor, Secured Party, or the Secured Party any Lender of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligations other than Obligation OTHER THAN as specifically provided in this agreement.

MATTERS NOT RELEVANT. The Security Interest, Debtor's Debtors' obligations, and Secured Party's and Seasoned Warehouse Lenders' rights under this agreement Agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender's taking or accepting any additional--, or any release, surrender, exchange, subordination, or loss of any other -- other, guaranty, assurance, or security for any of the Obligations; (b) any full or partial release of any other Person obligated on any of the Obligations; (c) the modification or assignment of-- of, or waiver of compliance with-- with, any other Term Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the Obligations; (e) any renewal, extension, extension or rearrangement of any of the Obligations, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the Obligations; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the Obligations; (g) any existing or future affectright, claim, claim or defense (other than credits toward outstanding amounts in respect of application of proceeds of Collateral under this agreement and except for the defense of full and final payment of the Obligations) of any Debtor or any other Person against Secured PartyParty or any Lender; (h) the unenforceability of any of the Obligations against any Person obligated or any part of the Obligations because it exceeds the amount permitted by lawLaw, the act of creating it is ultra vxxxxvirex, or xx the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligations is held to constitute a preference under the United States Bankruptcy Code or any similar state or federal debtor relief laws or for any other reason Secured Party is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor or the Secured Party of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligations other than as specifically provided in this agreement.is

MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, and Secured Party's rights Rights under this agreement Agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's taking or accepting any additional--additional -- or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the ObligationsObligation; (b) any full or partial release of any other Person obligated on any of the ObligationsObligation; (c) the modification or assignment of-- of -- or waiver of compliance with-- with -- any other Term Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the ObligationsObligation; (e) any renewal, extension, or rearrangement of any of the ObligationsObligation, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the ObligationsObligation; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the ObligationsObligation; (g) any existing or future affect, claim, or defense (other than credits toward outstanding amounts in respect of application of proceeds of Collateral under this agreement and except for the defense of full and final payment of the ObligationsObligation) of Debtor or any other Person against Secured Party; (h) the unenforceability of any of the Obligations Obligation against any Person obligated or any of the Obligations Obligation because it exceeds the amount permitted by lawLaw, the act of creating it is ultra vxxxxxxxxx, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligations Obligation is held to constitute a preference under the United States Bankruptcy Code or any similar state or federal debtor relief laws Debtor Law or for any other reason Secured Party is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor or the Secured Party of their acceptance of this agreement Agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement Agreement or any of the Obligations Obligation other than as specifically provided in this agreementAgreement.

MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, and Secured Party's rights and Lenders' Rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender taking or accepting any additional--additional -- or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the ObligationsObligation; (b) any full or partial release of any other Person obligated on any of the ObligationsObligation; (c) the modification or assignment of-- of -- or waiver of compliance with-- with -- any other Term Loan Credit Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the ObligationsObligation; (e) any renewal, extension, or rearrangement of any of the ObligationsObligation, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the ObligationsObligation; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the ObligationsObligation; (g) any existing or future affect, claim, or defense (other than credits toward outstanding amounts in respect of application of proceeds of Collateral under this agreement and except for the defense of full and final payment and performance of the ObligationsObligation) of Debtor or any other Person against Secured PartyParty or any Lender; (h) the unenforceability of any of the Obligations Obligation against any Person obligated or any of the Obligations Obligation because it exceeds the amount permitted by lawany Governmental Requirement, the act of creating it is ultra vxxxxxxxxx, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligations Obligation is held to constitute a preference under the United States Bankruptcy Code or any similar state or federal debtor relief laws Debtor Law or for any other reason Secured Party or any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor Debtor, Secured Party, or the Secured Party any Lender of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligations Obligation other than as specifically provided in this agreement.