Common use of Obligations Unimpaired Clause in Contracts

Obligations Unimpaired. Each Guarantor authorizes the Administrative Agent, the Lenders and the Issuing Bank without notice or demand to any Guarantor and without affecting the obligations of any Guarantor hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of any Transaction Document or any other instrument referred to therein, (b) to take and hold security for the payment and performance of the obligations under any Transaction Document, for the performance of this Guaranty Agreement or otherwise for the indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security, (c) to apply any such security and to direct the order or manner of sale thereof as the Administrative Agent in its sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Borrower and others; and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, premium, if any, and interest on the obligations under the Transaction Documents and any other Guaranteed Obligation. Each Guarantor waives any right to require the Administrative Agent, the Lenders or the Issuing Bank to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the Borrower, any Guarantor or any other Person or to pursue any other remedy available to such entities.

Obligations Unimpaired. Each The Guarantor authorizes the Administrative AgentNoteholders, the Lenders and the Issuing Bank without notice or demand to any the Guarantor and without affecting the its obligations of any Guarantor hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of the Notes, the Note Agreement, any Transaction other Note Document or any other instrument referred to therein, ; (b) to take and hold security for the payment and performance of the obligations under any Transaction DocumentNotes, for the performance of this Guaranty Agreement or otherwise for the indebtedness Indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security, ; (c) to apply any such security and to direct the order or manner of sale thereof as the Administrative Agent Noteholders in its their sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Borrower Company and others; and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, premiumMake-Whole Amount, if any, and interest on the obligations under the Transaction Documents Notes and any other Guaranteed ObligationObligations hereunder. Each The Guarantor waives any right to require the Administrative Agent, the Lenders or the Issuing Bank Noteholders to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the BorrowerCompany, any the Guarantor or any other Person person or to pursue any other remedy available to such entitiesNoteholders.

Obligations Unimpaired. Each Guarantor authorizes the Administrative Agentholders of the Notes, the Lenders and the Issuing Bank without notice or demand to any Guarantor and without affecting the its obligations of any Guarantor hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of any Transaction Document the Notes, the Note Agreement or any other instrument referred to therein, (b) to take and hold security for the payment and performance of the obligations under any Transaction DocumentNotes, for the performance of this Guaranty Agreement or otherwise for the indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security, (c) to apply any such security and to direct the order or manner of sale thereof as the Administrative Agent holders of the Notes in its their sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Borrower Company and others; others and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, premiumYield-Maintenance Amount, if any, and interest on the obligations under the Transaction Documents Notes and any other Guaranteed ObligationObligation hereunder. Each Guarantor waives any right to require the Administrative Agent, holders of the Lenders or the Issuing Bank Notes to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the BorrowerCompany, any Guarantor or any other Person person or to pursue any other remedy available to such entitiesholders.

Obligations Unimpaired. Each The Guarantor authorizes the Administrative AgentPrudential, the Lenders and the Issuing Bank without notice or demand to any the Guarantor and without affecting the its obligations of any Guarantor hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of any Transaction Document the Notes, the Warrants, the Preferred Stock or the Restructuring Agreement, or any other instrument referred to therein, ; (b) to take and hold security for the payment and performance of the obligations under any Transaction DocumentNotes, for the performance of this Guaranty Agreement or otherwise for the indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security, ; (c) to apply any such security and to direct the order or manner of sale thereof as the Administrative Agent Prudential in its sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Borrower Company and others; and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, premium, if any, of and interest on the obligations under the Transaction Documents Notes and any other Guaranteed ObligationObligation hereunder. Each The Guarantor waives any right to require the Administrative Agent, the Lenders or the Issuing Bank Prudential to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the BorrowerCompany, any the Guarantor or any other Person person or to pursue any other remedy available to such entitiesPrudential.

Obligations Unimpaired. Each Guarantor The Parent Company authorizes the Administrative AgentNoteholders, the Lenders and the Issuing Bank without notice or demand to any Guarantor the Parent Company and without affecting the its obligations of any Guarantor hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of any Transaction Document the Notes or the Amended and Restated Note Purchase Agreements or any other instrument referred to therein, ; (b) to take and hold security for the payment and performance of the obligations under any Transaction DocumentNotes, for the performance of this Guaranty Agreement or otherwise for the indebtedness Debt guaranteed hereby and to exchange, enforce, waive and release any such security, ; (c) to apply any such security and to direct the order or manner of sale thereof as the Administrative Agent Noteholders in its their sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Borrower Parent Company and others; and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, premiumMake-Whole Amount, if any, and interest on the obligations under the Transaction Documents Notes and any other Guaranteed ObligationObligations. Each Guarantor The Parent Company waives any right to require the Administrative Agent, the Lenders or the Issuing Bank Noteholders to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the BorrowerIssuer, any Guarantor the Parent Company or any other Person person or to pursue any other remedy available to such entitiesNoteholders.

Obligations Unimpaired. Each The Guarantor authorizes the Administrative Agentholders of the Notes, the Lenders and the Issuing Bank without notice or demand to any the Guarantor and without affecting the its obligations of any Guarantor hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of any Transaction Document the Notes, the Note Agreement or any other instrument referred to therein, (b) to take and hold security for the payment and performance of the obligations under any Transaction DocumentNotes, for the performance of this Guaranty Agreement or otherwise for the indebtedness obligations guaranteed hereby and to exchange, enforce, waive and release any such security, (c) to apply any such security and to direct the order or manner of sale thereof as the Administrative Agent they in its their sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Borrower Company and others; and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, premiumMake-Whole Amount, if any, and interest on the obligations under the Transaction Documents Notes and any other Guaranteed ObligationObligation hereunder. Each The Guarantor waives any right to require the Administrative Agent, the Lenders or the Issuing Bank holders to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by -3- the BorrowerCompany, any the Guarantor or any other Person or to pursue any other remedy available to such entitiesholders.

Obligations Unimpaired. Each Guarantor authorizes the Administrative AgentNoteholders, the Lenders and the Issuing Bank without notice or demand to any such Guarantor and without affecting the its obligations of any Guarantor hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of the Notes, the Note Agreement, any Transaction other Note Document or any other instrument referred to therein, ; (b) to take and hold security for the payment and performance of the obligations under any Transaction DocumentNotes, for the performance of this Guaranty Agreement or otherwise for the indebtedness Indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security, ; (c) to apply any such security and to direct the order or manner of sale thereof as the Administrative Agent Noteholders in its their sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Borrower Company and others; and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, premiumMake-Whole Amount, if any, and interest on the obligations under the Transaction Documents Notes and any other Guaranteed ObligationObligations hereunder. Each Guarantor waives any right to require the Administrative Agent, the Lenders or the Issuing Bank Noteholders to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the BorrowerCompany, any such Guarantor or any other Person person or to pursue any other remedy available to such entitiesNoteholders.

Obligations Unimpaired. Each Guarantor The Parent authorizes the Administrative Agentholders of the Notes, the Lenders and the Issuing Bank without notice or demand to any Guarantor the Parent and without affecting the its obligations of any Guarantor hereunder, from time to time time: (ai) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of any Transaction Document the Notes or this Agreement or any other instrument referred to therein, ; (bii) to take and hold security for the payment and performance of the obligations under any Transaction DocumentNotes, for the performance of this Guaranty Agreement paragraph 11 or otherwise for the indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security, ; (ciii) to apply any such security and to direct the order or manner of sale thereof as the Administrative Agent holders of the Notes in its their sole discretion may determine; (div) to obtain additional or substitute endorsers or guarantors; (ev) to exercise or refrain from exercising any rights against the Borrower Company and others; and (fvi) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, premiumYield-Maintenance Amount, if any, and interest on the obligations under the Transaction Documents Notes and any other Guaranteed ObligationObligation hereunder. Each Guarantor The Parent waives any right to require the Administrative Agent, holders of the Lenders or the Issuing Bank Notes to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the BorrowerCompany, any Guarantor the Parent or any other Person person or to pursue any other remedy available to such entitiesholders.

Obligations Unimpaired. Each The Guarantor authorizes the Administrative Agentholders of the Notes, the Lenders and the Issuing Bank without notice or demand to any the Guarantor and without affecting the its obligations of any Guarantor hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of any Transaction Document the Notes, the Note Agreement or any other instrument referred to therein, (b) to take and hold security for the payment and performance of the obligations under any Transaction DocumentNotes, for the performance of this Guaranty Agreement or otherwise for the indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security, (c) to apply any such security and to direct the order or manner of sale thereof as the Administrative Agent holders of the Notes in its their sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Borrower Company and others; and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, premiumYield-Maintenance Amount, if any, and interest on the obligations under the Transaction Documents Notes and any other Guaranteed ObligationObligation hereunder. Each The Guarantor waives any right to require the Administrative Agent, holders of the Lenders or the Issuing Bank Notes to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the BorrowerCompany, any the Guarantor or any other Person person or to pursue any other remedy available to such entitiesholders.