Common use of Obligations Not Waived Clause in Contracts

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment or protest to, demand of or payment from the other Loan Parties of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by (i) the failure of Lender to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (ii) the failure of Lender to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Guarantor under the provisions of any instruments, agreements or documents executed in connection with any Rate Management Agreement incurred to limit interest rate or fee fluctuation with respect to the Credit Facilities and Letters of Credit, (iii) the failure of Lender to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Guarantor under the provisions of any instruments, agreements or documents executed in connection with a Treasury Management Obligation, (iv) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of, this Agreement, any other Loan Document, Rate Management Agreement, any document evidencing any Treasury Management Obligation or any guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (v) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of Lender.

Appears in 3 contracts

Samples: Credit Agreement (Superior Uniform Group Inc), Credit Agreement (Superior Uniform Group Inc), Credit Agreement (Superior Uniform Group Inc)

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Obligations Not Waived. To the fullest extent permitted by applicable law, each the Guarantor waives presentment or protest to, demand of or payment from and protest to the Borrower or to any other Loan Parties guarantor of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each the Guarantor hereunder shall not be affected by (ia) the failure of the Agent or any Lender to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Guarantor guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (iib) the failure of Lender to assert any claim extension or demand or to enforce or exercise any right or remedy against the Borrower or any other Guarantor under the provisions renewal of any instruments, agreements or documents executed in connection with any Rate Management Agreement incurred to limit interest rate or fee fluctuation with respect to of the Credit Facilities and Letters of CreditObligations, (iii) the failure of Lender to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Guarantor under the provisions of any instruments, agreements or documents executed in connection with a Treasury Management Obligation, (ivc) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of, this Agreement, of any other Loan Document, Rate Management Agreement, any document evidencing any Treasury Management Obligation or any guarantee Document or any other agreementguaranty, including with respect to any other Guarantor under this Agreement, or (vd) the failure or delay of any Lender to perfect exercise any security interest in, right or the release of, remedy against any other guarantor of the security held by Obligations, (e) the failure of any Lender to assert any claim or on behalf demand or to enforce any remedy under any Loan Document or any other agreement or instrument, (f) any default, failure or delay, wilful or otherwise, in the performance of Lenderthe Obligations; or (g) any other act, omission or delay to do any other act which may or might in any manner or to any extent vary the risk of the Guarantor or otherwise operate as a discharge of the Guarantor as a matter of law or equity.

Appears in 2 contracts

Samples: Credit Facility Agreement (Janus Capital Group Inc), Credit Facility Agreement (Janus Capital Group Inc)

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Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment or protest to, demand of or payment from the other Loan Parties of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by (i) the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (ii) the failure of Lender any Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Guarantor under the provisions of any instruments, agreements or documents executed in connection with any Rate Management Agreement incurred to limit interest rate or fee fluctuation Hedging Transaction entered into with respect to the Credit Facilities and Letters of Credita Specified Hedge Provider (each such document, a “Hedging Document”), (iii) the failure of Lender any Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Guarantor under the provisions of any instruments, agreements or documents executed in connection with a Treasury Management ObligationObligation entered into with a Specified Treasury Management Provider (each such document, a “Treasury Document”), (iv) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of, this Agreement, any other Loan Document, Rate Management AgreementHedging Document, any document evidencing any Treasury Management Obligation Document or any guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (v) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Administrative Agent or any Lender.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (JTH Holding, Inc.)

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