Common use of Obligations Not Waived Clause in Contracts

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and any other guarantor of any of the 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, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (c) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed Party.

Appears in 4 contracts

Samples: Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)

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Obligations Not Waived. To the fullest extent permitted by applicable lawlaw and except as otherwise provided for herein or in the other Loan Documents, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable lawlaw and except as otherwise provided for herein or in the other Loan Documents, the obligations Guarantee of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit this Agreement, any other Loan Document or otherwise, ; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Administrative Agent or any Guaranteed other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Bristow Group Inc), Possession Credit Agreement (Bristow Group Inc), Aircraft Security Agreement (Bristow Group Inc)

Obligations Not Waived. To the fullest extent permitted by applicable lawLaw, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor Person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable lawLaw, the obligations guarantee of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, ; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Administrative Agent or any Guaranteed other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor.

Appears in 3 contracts

Samples: Credit Agreement (Ashland Inc.), Credit Agreement (Ashland Global Holdings Inc), Credit Agreement (Valvoline Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment or protest to, demand of or payment from and protest to the applicable Borrower and any other guarantor 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, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent Agent, any Issuing Bank or any other Guaranteed Party Lender to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document Document, any agreement relating to Hedging Obligations or Treasury Management Obligations or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of of, this Agreement, any other Loan Document, any Guarantee agreement relating to Hedging Obligations or Treasury Management Obligations, any guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, Agreement or (c) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Administrative Agent, any Guaranteed PartyIssuing Bank or any Lender.

Appears in 3 contracts

Samples: Credit Agreement (Aaron's Company, Inc.), Credit Agreement (Aaron's Company, Inc.), Credit Agreement (Aaron's Company, Inc.)

Obligations Not Waived. To the fullest extent permitted by applicable lawlaw and except as otherwise provided for herein or in the other Loan Documents, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Secured Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable lawlaw and except as otherwise provided for herein or in the other Loan Documents, the obligations Guarantee of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, ; (b) any extension, renewal or increase of or in any of the Secured Obligations; (c) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Administrative Agent or any Guaranteed other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Secured Obligations.

Appears in 3 contracts

Samples: Intercreditor Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc), Intercreditor Agreement (Toys R Us Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Credit Agreement Obligations and Existing Notes Obligations (collectively, the “Obligations”), and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations Guaranty of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document the Existing Notes, the Existing Notes Indenture or otherwise, ; (b) any extension, renewal or increase of or in any of the Secured Obligations; (c) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, the Existing Notes Indenture, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Administrative Agent or any Guaranteed other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 3 contracts

Samples: Security Agreement (Health Management Associates Inc), Security Agreement (Health Management Associates Inc), Supplemental Indenture (Health Management Associates Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower ROC and any other guarantor of any of the 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, and each Guarantor hereby waives any defense arising by reason of, (ai) the failure of the Administrative Agent or any other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower ROC or any other guarantor under the provisions of the Credit Agreement, the Incremental Term Loan Agreement any other Loan Document or otherwise, (bii) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (ciii) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed Party.

Appears in 2 contracts

Samples: Incremental Term Loan Agreement (Rayonier Inc), 2016 Guarantee Agreement (Rayonier Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and any other guarantor of any of the 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, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Collateral Agent or any other Guaranteed Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any extension, renewal or increase of or in any of the Obligations, (c) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, or (cd) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Collateral Agent or any Guaranteed Partyother Secured Party or (e) the failure or delay of any Secured Party to exercise any right or remedy against any other guarantor of the Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Alamosa Properties Lp), Credit Agreement (Alamosa Holdings Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable any Borrower and or any other guarantor of any of the 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 Subsidiary Guarantor hereunder shall not be affected by, and each Subsidiary Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable any Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement, or (c) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed PartyParty or (d) the failure of any person to comply with Section 5.01(l) of the Credit Agreement or Section 19 hereof.

Appears in 2 contracts

Samples: Credit Agreement (Rayonier Inc), Subsidiary Guarantee Agreement (Rayonier Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and any other guarantor of any of the 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, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (c) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed PartyParty or (d) the failure of any person to comply with Section 5.01(l) of the Credit Agreement, Section 19 of the RFR Subsidiary Guarantee Agreement, Section 19 of the TRS Subsidiary Guarantee Agreement or Section 19 of the any Additional Subsidiary Guarantor Guarantee Agreement.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)

Obligations Not Waived. (a) To the fullest extent permitted by applicable law, each Revolving Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and any other guarantor of any of the Revolving Credit 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 Revolving Guarantor hereunder shall not be affected by, and each Revolving Guarantor hereby waives any defense arising by reason of, (ai) the failure of the Administrative Agent or any other Revolving Credit Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (bii) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (ciii) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Revolving Credit Guaranteed Party.

Appears in 2 contracts

Samples: Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable any Borrower and or to any other guarantor Guarantor of any of the Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpaymentnonpayment (except notice to any Borrower to the extent required under Section 6.01 of the Credit Agreement). To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Party Lender to assert any claim or demand or to enforce or exercise any right or remedy against the applicable any Borrower or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (c) the failure of the Company or any Subsidiary to take comply with Section 5.22 of the Credit Agreement and Section 19 hereof or perfect any security interest in, or (d) the release of, of any collateral of the security held by or on behalf of the Administrative Agent or any Guaranteed PartyLender.

Appears in 2 contracts

Samples: Credit Agreement (Valspar Corp), Credit Agreement (Valspar Corp)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations Guaranty of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, ; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Collateral Agent or any Guaranteed other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 2 contracts

Samples: Second Lien Guaranty (RiskMetrics Group Inc), First Lien Guaranty (RiskMetrics Group Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and any other guarantor of any of the Second Priority Debt 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 Subsidiary Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent Second Priority Collateral Trustee or any other Guaranteed Second Priority Debt Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Subsidiary Guarantor under the provisions of the Credit Agreement, any other Loan Document Second Priority Debt Documents or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Second Priority Debt Document, any Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement, Agreement or (c) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Second Priority Collateral Trustee or any Guaranteed other Second Priority Debt Party.

Appears in 2 contracts

Samples: Second Priority Subsidiary Guarantee (Rite Aid Corp), Second Priority Subsidiary Guarantee Agreement (Rite Aid Corp)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and TRS or any other guarantor of any of the 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 Subsidiary Guarantor hereunder shall not be affected by, and each Subsidiary Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable any Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement, or (c) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed PartyParty or (d) the failure of any person to comply with Section 5.01(l) of the Credit Agreement or Section 19 hereof.

Appears in 2 contracts

Samples: Credit Agreement (Rayonier Inc), Subsidiary Guarantee Agreement (Rayonier Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and Borrowers or any other guarantor Person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations Guarantee of each Subsidiary Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower Borrowers or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, ; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Administrative Agent or any Guaranteed other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrowers or any Guarantor of the Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Smith & Wesson Holding Corp), Subsidiary Guaranty (Smith & Wesson Holding Corp)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower RLP and any other guarantor of any of the 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, and each Guarantor hereby waives any defense arising by reason of, (ai) the failure of the Administrative Agent or any other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower RLP or any other guarantor under the provisions of the Credit Agreement, the Incremental Term Loan Agreement, any other Loan Document or otherwise, (bii) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (ciii) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed Party.

Appears in 2 contracts

Samples: Guarantee Agreement (Rayonier, L.P.), Fourth Amendment and Incremental Term Loan Agreement (Rayonier, L.P.)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor of the Guarantors waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor Person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpayment, and all other formalities. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Lending Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any extension, renewal or increase of or in any of the Obligations, (c) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other the Guarantor under this Agreement, (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Administrative Agent or any Guaranteed Partyother Lending Party or (e) the failure or delay of any Lending Party to exercise any right or remedy against any other guarantor of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Boise Cascade Corp)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or to any other guarantor Guarantor of any of the 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, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent Agent, the Collateral Agent, the Issuing Bank or any other Guaranteed Party Lender to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of of, this Agreement, any other Loan Document, any other Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (c) the failure of Holdings or any Subsidiary to take or perfect any security interest in, or comply with Section 5.12 of the release of, any collateral security held by or on behalf of any Guaranteed PartyCredit Agreement and Section 19.

Appears in 1 contract

Samples: Pledge Agreement (Kansas City Southern Industries Inc)

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Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor Person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations guarantee of each Subsidiary Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Party Person to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, ; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of this Guaranty, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor guarantor under this Agreement, the Loan Documents; or (cd) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf delay of any Guaranteed PartyParty to exercise any right or remedy against any Loan Party or any other guarantor of the Obligations.

Appears in 1 contract

Samples: Guaranty (Wright Express CORP)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and Borrowers or any other guarantor Guarantor of any of the Obligations, and also waives notice of acceptance of its guarantee the 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, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent Agent, any Lender or any other Guaranteed Party Issuing Bank to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower Borrowers or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any extension or renewal of any of the Obligations or (c) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of of, the Credit Agreement, this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (c) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed Party.

Appears in 1 contract

Samples: Credit Agreement (Convergys Corp)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower ROC and any other guarantor of any of the 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, and each Guarantor hereby waives any defense arising by reason of, (ai) the failure of the Administrative Agent or any other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower ROC or any other guarantor under the provisions of the Credit Agreement, the Incremental Term Loan Agreement, any other Loan Document or otherwise, (bii) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (ciii) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed Party.

Appears in 1 contract

Samples: Incremental Term Loan Agreement (Rayonier Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and any other guarantor of any of the 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, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiverwaiver (except the effect of any waiver obtained pursuant to Section 12(b)), amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any other Guarantee or any other agreementagreement (in each case pursuant to the terms thereof), including with respect to any other Guarantor under this Agreement, or (c) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Administrative Agent or any Guaranteed other Secured Party.

Appears in 1 contract

Samples: S. Guarantee Agreement (Seagate Technology)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and any other guarantor of any of the 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, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Collateral Agent or any other Guaranteed Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiverwaiver (except the effect of any waiver obtained pursuant to Section 12(b)), amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, Agreement or (c) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Collateral Agent or any Guaranteed other Secured Party.

Appears in 1 contract

Samples: Guarantee Agreement (Crew J Operating Corp)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and RFR or any other guarantor of any of the 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 Subsidiary Guarantor hereunder shall not be affected by, and each Subsidiary Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower RFR or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement, or (c) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed PartyParty or (d) the failure of any person to comply with Section 5.01(l) of the Credit Agreement or Section 19 hereof.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Rayonier Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and any other guarantor of any of the 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 Subsidiary Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Collateral Agent or any other Guaranteed Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Subsidiary Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any extension, renewal or increase of or in any of the Obligations, (c) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreementagreement or instrument, including with respect to any other Subsidiary Guarantor under this Agreement, or (cd) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Collateral Agent or any Guaranteed Partyother Secured Party or (e) the failure or delay of any Secured Party to exercise any right or remedy against any other guarantor of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Intersil Holding Co)

Obligations Not Waived. To the fullest extent permitted by applicable law, each the Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and any other guarantor Borrowers of any of the 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, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Collateral Agent or any other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwiseBorrowers, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this the Credit Agreement, any other Loan Transaction Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreementguarantor of the Obligations, or (c) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Collateral Agent or any other Guaranteed Party.

Appears in 1 contract

Samples: Credit Agreement (El Paso Electric Co /Tx/)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and RFR or any other guarantor of any of the 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 Subsidiary Guarantor hereunder shall not be affected by, and each Subsidiary Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable any Guaranteed Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement, or (c) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed PartyParty or (d) the failure of any person to comply with Section 5.01(l) of the Credit Agreement or Section 19 hereof.

Appears in 1 contract

Samples: Credit Agreement (Rayonier Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Secured Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations Guaranty of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent any Secured Party or any other Guaranteed Party Guarantor to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, ; (b) any extension, renewal or increase of or in any of the Secured Obligations; (c) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; or (cd) the release of (or the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Collateral Agent or any Guaranteed other Secured Party.

Appears in 1 contract

Samples: Barrington Guaranty (Barrington Quincy LLC)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from from, and protest to the applicable Borrower and any other guarantor of any of the 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, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Credit Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor or any other Loan Party under the provisions of the Credit Agreement, Agreement or any other Loan Document Document, or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of this Guarantee Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, Guarantee Agreement or (c) the failure to take or perfect any security interest in, or the release or subordination of the lien of, any collateral of the security held by or on behalf of the Administrative Agent or any Guaranteed other Credit Party.

Appears in 1 contract

Samples: Guarantee Agreement (Monitronics International Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Secured Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations Guaranty of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, ; (b) any extension, renewal or increase of or in any of the Secured Obligations; (c) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; or (cd) the release of (or the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Collateral Agent or any Guaranteed other Secured Party.

Appears in 1 contract

Samples: Guaranty Agreement (Barrington Quincy LLC)

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