Common use of Other Action or Inaction Clause in Contracts

Other Action or Inaction. Any other action or inaction on the part of BALC, whether or not such action or inaction prejudices Guarantor or increases the likelihood or amount that Guarantor will be required to pay or perform in connection with any Obligation pursuant to the terms hereof. It is the obligation of Guarantor to discharge the Obligations when due, notwithstanding any occurrence, circumstance, event, action or omission whatsoever, whether or not particularly described herein. Guarantor is not entering into this Guaranty in reliance on the value or the availability of any Collateral. Guarantor acknowledges that Guarantor may be required to pay the Obligations, in full, without the assistance or support of any other party. Guarantor has not been induced to enter into this Guaranty on the basis that any party other than Customer will be liable to perform any Obligations or that BALC will look to any other party to perform any Obligation. BALC may release, or settle with, the Customer, any Guarantor, or any other party liable, directly or indirectly, for the performance of any Obligation, all without affecting the liability of any other party to this Guaranty. To the extent that this Guaranty is secured by property of Guarantor, BALC shall not be obligated to release its security interest in such property until all applicable preference periods have passed with respect to payments of Obligations made to BALC.

Appears in 5 contracts

Samples: Guaranty (Ipg Photonics Corp), Landec Corp \Ca\, Primoris Services Corp

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Other Action or Inaction. Any other action or inaction on the part of BALCSecured Party, whether or not such action or inaction prejudices Guarantor or increases the likelihood or amount that Guarantor will be required to pay or perform in connection with any Secured Obligation pursuant to the terms hereof. It is the obligation of Guarantor to discharge the Secured Obligations when due, notwithstanding any occurrence, circumstance, event, action or omission whatsoever, whether or not particularly described herein. Guarantor is not entering into this Guaranty in reliance on the value or the availability of any of the Collateral. Guarantor acknowledges that Guarantor may be required to pay the Secured Obligations, in full, without the assistance or support of any other party. Guarantor has not been induced to enter into this Guaranty on the basis that any party other than Customer Grantor will be liable to perform any Secured Obligations or that BALC Secured Party will look to any other party to perform any Secured Obligation. BALC Secured Party may release, or settle with, the Customer, Grantor or any Guarantor, Guarantor or any other party liable, directly or indirectly, for the performance of any Secured Obligation, all without affecting the liability of any other party to this Guaranty. To the extent that this Guaranty is secured by property of Guarantor, BALC Secured Party shall not be obligated to release its security interest in such property until all applicable preference periods have passed with respect to payments of Secured Obligations made to BALCSecured Party.

Appears in 2 contracts

Samples: Global Energy, Inc., Global Energy, Inc.

Other Action or Inaction. Any other action or inaction on the part of BALCTextron, whether or not such action or inaction prejudices inactionprejudices Guarantor or increases the likelihood or amount that Guarantor will be required to pay or perform in connection with any Guaranteed Obligation pursuant to the terms hereof. It it is the obligation of Guarantor to discharge the Guaranteed Obligations when due, notwithstanding any occurrence, circumstance, event, action or omission whatsoever, whether or not particularly described herein. Guarantor is not entering into this Guaranty in reliance on the value or the availability of any of the Collateral. Guarantor acknowledges that Guarantor may be required to pay the Guaranteed Obligations, in full, without the assistance or support of any other party. Guarantor has not been induced to enter into this Guaranty on the basis that any party other than Customer Obligor will be liable to perform any Obligations Guaranteed Obligation or that BALC Textron will look to any other party to perform any Guaranteed Obligation. BALC If this Guaranty is signed by more than one party, the obligations of such parties are joint and several and Textron may release, or settle with, the Customer, any Guarantor, or any other party liable, directly or indirectly, for the performance of any Obligation, all such parties without affecting the liability of any other party to this Guaranty. To the extent that this Guaranty is secured by property of GuarantorGrantor, BALC Textron shall not be obligated to release its security interest in such property until all applicable preference periods have passed with respect to payments Made to Textron by or on behalf of Obligations made to BALCObligator.

Appears in 2 contracts

Samples: Textron Financial (Deer Valley Corp), Textron Financial (Deer Valley Corp)

Other Action or Inaction. Any other action or inaction on the part of BALCFleet, whether or not such action or inaction prejudices Guarantor or increases the likelihood or amount that Guarantor will be required to pay or perform in connection with any Obligation pursuant to the terms hereof. It is the obligation of Guarantor to discharge the Obligations when due, notwithstanding any occurrence, circumstance, event, action or omission whatsoever, whether or not particularly described herein. Guarantor is not entering into this Guaranty in reliance on the value or the availability of any Collateral. Guarantor acknowledges that Guarantor may be required to pay the Obligations, in full, without the assistance or support of any other party. Guarantor has not been induced to enter into this Guaranty on the basis that any party other than Customer will be liable to perform any Obligations or that BALC Fleet will look to any other party to perform any Obligation. BALC Fleet may release, or settle with, the Customer, any Guarantor, or any other party liable, directly or indirectly, for the performance of any Obligation, all without affecting the liability of any other party to this Guaranty. To the extent that this Guaranty is secured by property of Guarantor, BALC Fleet shall not be obligated to release its security interest in such property until all applicable preference periods have passed with respect to payments of Obligations made to BALCFleet.

Appears in 1 contract

Samples: Pfsweb Inc

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Other Action or Inaction. Any other action or inaction on the part of BALCFCC, whether or not such action or inaction prejudices Guarantor or increases the likelihood or amount that Guarantor will be required to pay or perform in connection with any Obligation pursuant to the terms hereof. It is the obligation of Guarantor to discharge the Obligations when due, notwithstanding any occurrence, circumstance, event, action or omission whatsoever, whether or not particularly described herein. Guarantor is not entering into this Guaranty in reliance on the value or the availability of any of the Collateral. Guarantor acknowledges that Guarantor may be required to pay the Obligations, in full, without the assistance or support of any other party. Guarantor has not been induced to enter into this Guaranty on the basis that any party other than Customer Obligor will be liable to perform any Obligations or that BALC FCC will look to any other party to perform any Obligation. BALC FCC may release, or settle with, the Customer, Obligor or any Guarantor, Guarantor or any other party party. liable, directly or indirectly, for the performance of any Obligation, all without affecting the liability of any other party to this Guaranty. To the extent that this Guaranty is secured by property of Guarantor, BALC FCC shall not be obligated to release its security interest in such property until all applicable preference periods have passed with respect to payments of Obligations made to BALCFCC.

Appears in 1 contract

Samples: Eagle Geophysical Inc

Other Action or Inaction. Any other action or inaction on the part of BALC, whether or not such action or inaction prejudices Guarantor or increases the likelihood or amount that Guarantor will be required to pay or perform in connection with any Obligation pursuant to the terms hereof. It is the obligation of Guarantor to discharge the Obligations when due, notwithstanding any occurrence, circumstance, event, action or omission whatsoever, whether or not particularly described herein. Guarantor is not entering into this Guaranty in reliance on the value or the availability of any Collateral. Guarantor acknowledges that Guarantor may be required to pay the Obligations, in full, without the assistance or support of any other party. Guarantor has not been induced to enter into this Guaranty on the basis that any party other than Customer will be liable to perform any Obligations or that BALC will look to any other party to perform any Obligation. BALC may release, or settle with, the Customer, any Guarantor, or any other party liable, directly or indirectly, for the performance of any Obligation, all without affecting the liability of the undersigned Guarantor or any other party to this Guaranty. To the extent that this Guaranty is secured by property of Guarantor, BALC shall not be obligated to release its security interest in such property until all applicable preference periods have passed with respect to payments of Obligations made to BALC.

Appears in 1 contract

Samples: First American Corp

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