Common use of PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC Clause in Contracts

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Agreement or any other Loan Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of the Credit Agreement, or any other Loan Document (as defined in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees or any acceptance thereof or any release of any security by the Pledgee or its assignees; (d) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any other Person, as applicable, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 3 contracts

Samples: Pledge Agreement (Easylink Services Corp), Pledge Agreement (Easylink Services Corp), Pledge Agreement (Easylink Services Corp)

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PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement (so long as it remains a Pledgor hereunder) shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Secured Debt Agreement or any other Loan Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (b) any lack of validity waiver, consent, extension, indulgence or enforceability of the Credit Agreement, other action or any other Loan Document (as defined inaction under or in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer respect of any thereofsuch agreement or instrument including, without limitation, this Agreement; (c) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee or its assigneesassignee; (d) any limitation on any party's ’s liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the any Pledgor or any other Person, as applicableSubsidiary of any Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 3 contracts

Samples: Credit Agreement (Welbilt, Inc.), Security Agreement (Manitowoc Foodservice, Inc.), Security Agreement (Manitowoc Foodservice, Inc.)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each ------------------------------------ Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under subject to Section 193.23 hereof) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (ai) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Agreement or any other Loan Guaranteed Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (bii) any lack of validity waiver, consent, extension, indulgence or enforceability of the Credit Agreement, other action or any other Loan Document (as defined inaction under or in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer respect of any thereofsuch agreement or instrument including, without limitation, this Agreement; (ciii) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; Collateral Agent or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee Collateral Agent or its assigneesassignee; (div) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the any Pledgor or any other Person, as applicableSubsidiary or Joint Venture of any Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 2 contracts

Samples: Credit Agreement (Wyndham International Inc), Registration Rights Agreement (Wyndham International Inc)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 hereof), including, without limitation: (ai) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement to or deletion from or any Secured Debt Agreement (other action or inaction under or than this Agreement in respect of this Agreement, the Credit Agreement or any other Loan Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations accordance with its terms) or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (bii) any lack of validity waiver, consent, extension, indulgence or enforceability of the Credit Agreement, other action or any other Loan Document (as defined inaction under or in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer respect of any thereofsuch agreement or instrument including, without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement in accordance with its terms); (ciii) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee or its assigneesassignee; (div) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the any Pledgor or any other Person, as applicableSubsidiary of any Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 2 contracts

Samples: Pledge Agreement (Dominos Inc), Pledge Agreement (Dominos Inc)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The Except as otherwise provided in Section 18 hereof, the obligations of the each Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Agreement or any other Loan Secured Debt Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (b) any lack of validity waiver, consent, extension, indulgence or enforceability of the Credit Agreement, other action or any other Loan Document (as defined inaction under or in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer respect of any thereofsuch agreement or instrument or this Agreement; (c) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee or its assigneesassignee; (d) any limitation on any party's ’s liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (e) any limitation on any other Pledgor’s liability or obligations under this Agreement or under any other Secured Debt Document or any invalidity or unenforceability, in whole or in part, of this Agreement or any other Secured Debt Document or any term thereof; or (f) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the such Pledgor or any other Person, as applicableSubsidiary of such Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 2 contracts

Samples: Pledge and Security Agreement (LaSalle Hotel Properties), Pledge and Security Agreement (LaSalle Hotel Properties)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement to or deletion from or any other action or inaction under or in respect of this Agreementthe Credit Documents, the Credit Agreement Interest Rate Protection or any other Loan Document (as defined in Other Hedging Agreements, the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations Seller Promissory Note or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (b) any lack of validity waiver, consent, extension, indulgence or enforceability of the Credit Agreement, other action or any other Loan Document (as defined inaction under or in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer respect of any thereofsuch agreement or instrument including, without limitation, this Agreement; (c) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; Collateral Agent or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee Collateral Agent or its assigneesassignee; (d) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any other Person, as applicableSubsidiary of the Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 2 contracts

Samples: Holdings Pledge Agreement (Coinmach Corp), Holdings Pledge Agreement (Coinmach Laundry Corp)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Agreement or any other Loan Document (as defined in the Credit Agreement), any Note, any other Credit Document, or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of the Credit Agreement, or any other Loan Document (as defined in the Credit Agreement)Document, or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees or any acceptance thereof or any release of any security by the Pledgee or its assignees; (d) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any other Person, as applicableof the Subsidiaries, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; or (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor. 4.

Appears in 1 contract

Samples: Security Agreement (Sci Systems Inc)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Secured Debt Agreement or any other Loan Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (b) any lack of validity waiver, consent, extension, indulgence or enforceability of the Credit Agreement, other action or any other Loan Document (as defined inaction under or in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer respect of any thereofsuch agreement or instrument or this Agreement; (c) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee or its assigneesassignee; (d) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (e) any limitation on any other Pledgor's liability or obligations under this Agreement, the Guaranty or any other Loan Document or any invalidity or unenforceability, in whole or in part, of this Agreement, the Guaranty or any other Loan Document or any term thereof; or (f) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the such Pledgor or any other Person, as applicableSubsidiary of such Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 1 contract

Samples: Pledge and Security Agreement (Felcor Lodging Trust Inc)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 1916 hereof) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term term, provision or condition of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent or supplement to or deletion from or any other action or inaction under under, to or in respect of this Agreement, the Credit Agreement or any other Loan Document (as defined in the Credit Agreement)Promissory Note, or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of the Credit Agreement, or any other Loan Document (as defined in the Credit Agreement)Promissory Note, or any other documents, instruments or agreement agreements referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees or any acceptance thereof or any release of any security by the Pledgee or its assignees; (d) any limitation on any party's ’s liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereofthereof (other than Pledgor or this Agreement); (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any other PersonPledgor, as applicable, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the PledgorPledgor other than payment in full.

Appears in 1 contract

Samples: Pledge Agreement (Investview, Inc.)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Loan Agreement or any other Loan Document (as defined in the Credit Loan Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of the Credit Loan Agreement, or any other Loan Document (as defined in the Credit Loan Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees or any acceptance thereof or any release of any security by the Pledgee or its assignees; (d) any limitation on any party's ’s liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in partparty, of any such instrument or agreement or any term thereof; (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any other PersonPledgor, as applicable, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 1 contract

Samples: Pledge Agreement (HydroGen CORP)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, whatsoever (except full payment of all Secured Obligations) including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of of, or addition, consent addition or supplement to or deletion from from, the Note or any other action or inaction under or in respect of this Agreement, the Credit Agreement or any other Loan Document (as defined in the Credit Agreement), or document relating to any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (b) any lack waiver, consent, extension, indulgence or other action or inaction under or in respect of validity any such instrument or enforceability agreement or this Agreement or any exercise or non-exercise of any right, remedy, power or privilege under or in respect of this agreement or the Note or any document relating to any of the Credit Agreement, or any other Loan Document (as defined in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereofSecured Obligations; (c) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees or any acceptance thereof or any release sale, exchange, release, surrender or realization of or upon any security by the Pledgee Pledgee; or its assignees; (d) any limitation on any party's liability invalidity, irregularity or obligations under any such instrument unenforceability of all or agreement part of the Secured Obligations or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or security therefor. Pledgor specifically waives and covenants not to assert any term thereof; (e) any bankruptcyrights and claims to require Pledgee to marxxxxx xxy assets, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any other Person, as applicableliens, or parties liable in respect of the Secured Obligations, and agrees that Pledgee may enforce rights and proceed against the Collateral, and any action taken with respect to this Agreement by any trustee or receiverof the other assets, liens, Pledgor, guarantor(s), or by any court, parties liable in any such proceeding, whether or not the Pledgor shall have notice or knowledge respect of any of the foregoing; (f) Secured Obligations in any exchangeorder or sequence, release or nonperfection of any other collateralall as Pledgee may elect in his sole, or any releaseabsolute, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgorand uncontrolled discretion.

Appears in 1 contract

Samples: Pledge Agreement (United Petroleum Corp)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. (a) The obligations of the Pledgor under this Shareholder Pledge Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: limitation any of the following (awhether or not the Pledgor consents thereto or has notice thereof): (i) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Agreement or any other Loan Document (as defined in the Credit Agreement), or any of the other Secured Obligations or any documents, instruments or agreements relating to the Secured Obligations or any other instrument assignment or agreement referred transfer of any thereof, (ii) any lack of validity or enforceability of any of the Secured Obligations or any documents, instruments or agreements relating to therein any of the Secured Obligations or any assignment or transfer of any thereof; , (b) any lack of validity or enforceability of the Credit Agreement, or any other Loan Document (as defined in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (ciii) any furnishing of any additional security or collateral to the Pledgee, any Secured Party for the benefit any of the Pledgee and/or the Bank Product Providers; Secured Obligations, or its assignees assignees, or any acceptance thereof or any release of any other security for any of the Secured Obligations by the Pledgee or its assignees; any Secured Party, (d) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (eiv) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any other Person, as applicablethe Company, or any action taken with respect to this Shareholder Pledge Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; , (fv) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; , (vi) the failure of any Secured Party to assert any claim or demand or to enforce any right or remedy in respect of any of the Secured Obligations against the Company or any other Credit Party under the provisions of the Financing Documents or otherwise, or (gvii) any other circumstance act or failure to act by any Secured Party which might otherwise constitute a defense available to, or a discharge of, may adversely affect the Pledgor.

Appears in 1 contract

Samples: Credit Agreement (Horizon Medical Products Inc)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (except the indefeasible payment in full in cash of all Obligations), including, without limitation: (ai) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Secured Debt Agreement or any other Loan Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (bii) any lack of validity waiver, consent, extension, indulgence or enforceability of the Credit Agreement, other action or any other Loan Document (as defined inaction under or in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer respect of any thereofsuch agreement or instrument including, without limitation, this Agreement; (ciii) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee or its assigneesassignee; (div) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the any Pledgor or any other Person, as applicableSubsidiary of any Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 1 contract

Samples: Pledge Agreement (Doubletree Corp)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (ai) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Secured Debt Agreement or any other Loan Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (bii) any lack of validity waiver, consent, extension, indulgence or enforceability of the Credit Agreement, other action or any other Loan Document (as defined inaction under or in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer respect of any thereofsuch Secured Debt Agreement or other agreement or instrument including, without limitation, this Agreement; (ciii) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee or its assigneesassignee; (div) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any other Person, as applicableSubsidiary of the Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; foregoing (f) any exchangeit being understood that the enforcement hereof may be limited by applicable bankruptcy, release insolvency, reorganization, moratorium or nonperfection other similar rights generally affecting creditors' rights and by equitable principles (regardless of any other collateral, whether enforcement is sought in equity or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgorat law)).

Appears in 1 contract

Samples: Pledge Agreement (Sky Chefs Argentine Inc)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (ai) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Secured Debt Agreement or any other Loan Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (bii) any lack of validity waiver, consent, extension, indulgence or enforceability of the Credit Agreement, other action or any other Loan Document (as defined inaction under or in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer respect of any thereofsuch agreement or instrument or this Agreement; (ciii) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee or its assigneesassignee; (div) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (ev) any limitation on any other Pledgor's liability or obligations under this Agreement or under any other Secured Debt Agreement or any invalidity or unenforceability, in whole or in part, of this Agreement or any other Secured Debt Agreement or any ten-n thereof; or (vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the such Pledgor or any other Person, as applicableSubsidiary of such Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 1 contract

Samples: Pledge Agreement (Foster Wheeler Corp)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its the terms hereof and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Agreement or any other Loan Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations Loan Documents or any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of this Agreement, the Credit Agreement, Agreement or any of the other Loan Document (as defined in the Credit Agreement), Documents or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees or any acceptance thereof or any release of any security by the Pledgee or its assignees; (d) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (d) any furnishing of any additional security to the Administrative Agent or its assignees or any acceptance thereof or any release of any security by the Administrative Agent or its assignees; (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any other Person, as applicablePledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, regardless of whether or not the Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any Lien on any other collateral, or any release, release or amendment or waiver of or consent to departure from any guaranty guarantee or security, for all or any of the Secured Obligations; or (g) any other circumstance which that might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 1 contract

Samples: Credit Agreement (Goodys Family Clothing Inc /Tn)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Agreement or any other Loan Document (as defined in the Credit Agreement), Transaction Documents or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of the Credit Agreement, or any other Loan Document (as defined in the Credit Agreement), Transaction Documents or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security or collateral to the PledgeeSecured Party or any Participating Creditor, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees any assignee thereof or any acceptance thereof or any release of any security by the Pledgee Secured Party or its assigneesany Participating Creditor or any assignee thereof; (d) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any other Person, as applicablethe Borrower, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; or (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 1 contract

Samples: Credit Agreement (Covenant Transport Inc)

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PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Agreement or any other Loan Document (as defined in the Credit Agreement), Transaction Documents or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of the Credit Agreement, or any other Loan Document (as defined in the Credit Agreement), Transaction Documents or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security or collateral to the PledgeeSecured Party or any Participating Creditor, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees any assignee thereof or any acceptance thereof or any release of any security by the Pledgee Secured Party or its assigneesany Participating Creditor or any assignee thereof; (d) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor Pledgor, the Borrower or any other Person, as applicablethe Parent, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; or (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 1 contract

Samples: Credit Agreement (Covenant Transport Inc)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Loan Agreement or any other Loan Document (as defined in the Credit Financing Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of the Credit Loan Agreement, or any other Loan Document (as defined in the Credit Financing Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees or any acceptance thereof or any release of any security by the Pledgee or its assignees; (d) any limitation on any party's ’s liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in partparty, of any such instrument or agreement or any term thereof; (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any other PersonPledgor, as applicable, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 1 contract

Samples: Pledge Agreement (Inland Real Estate Corp)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent or supplement to or deletion from or any other action or inaction under or in respect of this the Loan Agreement, the Credit Agreement or Note, any other Loan Document (as defined in the Credit Agreement)Financing Document, or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of the Credit Loan Agreement, or any other Loan Document (as defined in the Credit Agreement)Financing Document, or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees or any acceptance thereof or any release of any security by the Pledgee or its assignees; (d) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any other Person, as applicableof its Subsidiaries, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; or (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 1 contract

Samples: Security Agreement (Cryolife Inc)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (ai) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Secured Debt Agreement or any other Loan Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (bii) any lack of validity waiver, consent, extension, indulgence or enforceability of the Credit Agreement, other action or any other Loan Document (as defined inaction under or in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer respect of any thereofsuch agreement or instrument or this Agreement; (ciii) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; 7 78 or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee or its assigneesassignee; (div) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (ev) any limitation on any other Pledgor's liability or obligations under this Agreement or under any other Secured Debt Agreement or any invalidity or unenforceability, in whole or in part, of this Agreement or any other Secured Debt Agreement or any term thereof; or (vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the such Pledgor or any other Person, as applicableSubsidiary of such Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor. SECTION 15.

Appears in 1 contract

Samples: Pledge Agreement Pledge Agreement (Foster Wheeler Corp)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (ai) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement -------------------------- * Deleted as executed. 16 142 EXHIBIT G* to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Secured Debt Agreement or any other Loan Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (bii) any lack of validity waiver, consent, extension, indulgence or enforceability of the Credit Agreement, other action or any other Loan Document (as defined inaction under or in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer respect of any thereofsuch agreement or instrument including, without limitation, this Agreement; (ciii) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee or its assigneesassignee; (div) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the any Pledgor or any other Person, as applicableSubsidiary of any Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 1 contract

Samples: Pledge Agreement (Pool Energy Services Co)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (except as provided under Section 18), including, without limitation: (ai) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Agreement or any other Loan Debt Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (bii) any lack waiver, consent, extension, indulgence or other action or inaction under or in respect of validity any Debt Document or enforceability of the Credit Agreement, other agreement or any other Loan Document (as defined in the Credit Agreement), or any other documents, instruments or agreement instrument referred to therein or any assignment or transfer of any thereofincluding, without limitation, this Agreement; (ciii) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; Collateral Agent or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee Collateral Agent or its assigneesassignee (except as provided under Section 18); (div) any limitation on any party's liability or obligations under any such Debt Document or other instrument or agreement referred to therein or any invalidity or unenforceability, in whole or in part, of any such Debt Document or other instrument or agreement referred to therein or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any other Person, as applicableIssuer, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 1 contract

Samples: Stock Pledge Agreement (Southern Star Central Corp)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (except the indefeasible payment in full in cash of all Obligations), including, without limitation: (ai) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Secured Debt Agreement or any other Loan Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (bii) any lack of validity waiver, consent, extension, indulgence or enforceability of the Credit Agreement, other action or any other Loan Document (as defined inaction under or in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer respect of any thereofsuch agreement or instrument including, without limitation, this Agreement; (ciii) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee or its assigneesassignee; (div) any limitation on any partyPerson's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the any Pledgor or any other Person, as applicableSubsidiary of any Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 1 contract

Samples: Pledge Agreement (Chartwell Leisure Inc)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (ai) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Secured Debt Agreement or any other Loan Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (bii) any lack of validity waiver, consent, extension, indulgence or enforceability of the Credit Agreement, other action or any other Loan Document (as defined inaction under or in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer respect of any thereofsuch agreement or instrument or this Agreement; (ciii) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee or its assigneesassignee; (div) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (ev) any limitation on any other Pledgor's liability or obligations under this Agreement, the Guaranty or any other Credit Document or any invalidity or unenforceability, in whole or in part, of this Agreement, the Guaranty or any other Credit Document or any term thereof; or (vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the such Pledgor or any other Person, as applicableSubsidiary of such Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 1 contract

Samples: Pledge and Security Agreement (Starwood Hotel & Resorts Worldwide Inc)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (ai) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Agreement or any other Loan Secured Debt Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (bii) any lack of validity waiver, consent, extension, indulgence or enforceability of the Credit Agreement, other action or any other Loan Document (as defined inaction under or in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer respect of any thereofsuch agreement or instrument including, without limitation, this Agreement; (ciii) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee or its assigneesassignee; (div) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (ev) any limitation on any other Pledgor's liability or obligations under this Agreement, the Subsidiaries Guaranty, the Senior Note Subsidiaries Guaranty or any other Secured Debt Document or any invalidity or unenforceability, in whole or in part, of this Agreement, the Subsidiaries Guaranty, the Senior Note Subsidiaries Guaranty or any other Secured Debt Documents or any term thereof; or (vi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the such Pledgor or any other Person, as applicableSubsidiary of such Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 1 contract

Samples: Subsidiaries Pledge Agreement (Menasco Aerosystems Inc)

PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than for the indefeasible payment in full in cash of all Obligations), including, without limitation: (ai) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition, consent addition or supplement to or deletion from or any other action or inaction under or in respect of this Agreement, the Credit Secured Debt Agreement or any other Loan Document (as defined in the Credit Agreement), or any of the other documents, instruments or agreements relating to the Secured Obligations or any other instrument or agreement referred to therein therein, or any assignment or transfer of any thereof; (bii) any lack of validity waiver, consent, extension, indulgence or enforceability of the Credit Agreement, other action or any other Loan Document (as defined inaction under or in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer respect of any thereofsuch agreement or instrument including, without limitation, this Agreement; (ciii) any furnishing of any additional security or collateral to the Pledgee, for the benefit of the Pledgee and/or the Bank Product Providers; or its assignees assignee or any acceptance thereof or any release of any security by the Pledgee or its assigneesassignee; (div) any limitation on any party's liability or obligations under any such instrument or agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the any Pledgor or any other Person, as applicableSubsidiary of any Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.

Appears in 1 contract

Samples: Pledge Agreement (Scot Inc)

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