Rights Not Impaired. No right of the Administrative Agent or any Senior Lender to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Company Credit Party or any Venus Credit Party or by any act or failure to act, in good faith, by the Administrative Agent or any Senior Lender, or by any noncompliance by Venus or Subordinate Lender with the terms, provisions and covenants of this Agreement, regardless of any knowledge thereof the Administrative Agent or any Senior Lender may have or be otherwise charged with.
Rights Not Impaired. The lien, security interest and other security rights of the Mortgagee hereunder shall not be impaired by any indulgence, moratorium or release granted by the Mortgagee, including, but not limited to: (a) any renewal, extension or modification which the Mortgagee may grant with respect to any of the Obligations; (b) any surrender, compromise, release, renewal, extension, exchange or substitution which the Mortgagee may grant in respect of the Security Property, or any part thereof or any interest therein; or (c) any release or indulgence granted to any endorser, guarantor or surety of any of the Obligations. In the event the ownership of the Security Property or any part thereof becomes vested in a person or entity other than Mortgagor, the Mortgagee may, without notice to Mortgagor, deal with such successor or successors in interest with reference to this Mortgage and to the indebtedness secured hereby in the same manner as with Mortgagor, without in any way discharging Mortgagor's liability Book 9117 Pg 1851 (Space reserved for Clerk of Court) hereunder or for the payment of the indebtedness secured hereby. No sale of the Security Property, no forbearance on the part of the Mortgagee and no extension of the time for the payment of the indebtedness secured hereby given by the Mortgagee shall operate to release, discharge, modify, change or affect, in whole or in part, the liability of Mortgagor hereunder or for the payment of the indebtedness secured hereby or the liability of any other person hereunder or for the payment of the indebtedness secured hereby, except as agreed to in writing by the Mortgagee.
Rights Not Impaired. 4.1 The Board of Education, on its own behalf, reserves and retains unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the Laws, Regulations and Constitution of the State of New Jersey, and of the United States of America.
Rights Not Impaired. Nothing contained in this Lease shall be construed to diminish, limit, or restrict any right, prerogative, or authority of the Government over the Leased Premises relating to the security or mission of the Installation, the health, welfare, safety, or security of persons on the Installation, or the maintenance of good order and discipline on the Installation, as established in law, regulation, or military custom.
Rights Not Impaired. Except as otherwise specifically provided in Section 7.5, in the event of any failure to consummate any transaction contemplated by this Agreement, no provision of this Agreement shall impair, limit or otherwise affect the right of any party hereto to sxx any Person for breach of contract, including, without limitation, for breach of any representations, warranties or covenants contained herein. Under no circumstances shall any party hereto be liable for any special, consequential, indirect or punitive damages for any misrepresentation or breach of any provision of, or any other matter arising pursuant to, this Agreement or any Transaction Document.
Rights Not Impaired. No right of Senior Lender to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of Borrower or by any act or failure to act, in good faith, by Senior Lender, or by any noncompliance by Borrower or Subordinate Lender with the terms, provisions and covenants of this Agreement, regardless of any knowledge thereof Senior Lender may have or be otherwise charged with. Subordinate Lender consents to and covenants that, without the necessity of any reservation of rights against Subordinate Lender, and without notice to or further assent by Subordinate Lender, (a) any demand for payment of all or any part of the Senior Obligations may be rescinded in whole or in part and the Senior Obligations may be continued, and the Senior Obligations, or the liability of Borrower or any other person upon or for any part thereof, or any collateral security or guaranty therefor or right of offset with respect thereto, or any obligation or liability of Borrower or any other person under the Senior Loan Documents may, from time to time, in whole or in part, be renewed, extended, modified, accelerated, compromised, waived and surrendered, or released, and (b) the Senior Loan Documents, any document or instrument evidencing or governing the terms of the Senior Obligations or any collateral security documents or guaranties or documents in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Senior Lender may deem advisable from time to time, and
Rights Not Impaired. No right of Senior Lender to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Borrower or by any act or failure to act, in good faith, by Senior Lender, or by any noncompliance by the Borrower or the Subordinate Trade Creditor with the terms, provisions and covenants of this Agreement, regardless of any knowledge thereof Senior Lender may have or be otherwise charged, with.
Rights Not Impaired. In the event of any failure to consummate the transactions contemplated by this Agreement for other than a permitted termination of this Agreement in accordance with the provisions of Section 12.1(a) or (b) or (c) hereof, no provision of this Agreement shall impair, limit or otherwise affect the right of any party hereto to xxx and collect damages from any Person for breach of contract, including, without limitation, for breach of any representations, warranties or covenants contained herein. If termination results from the exercise of a party's right of termination under Section12.1(a) or (b) or (c) hereof, this Agreement shall terminate and the transactions contemplated hereby shall be abandoned without further action or remedy by any party.
Rights Not Impaired. No right of Administrative Agent or any Bank to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of either Borrower or by any act or failure to act, in good faith, by Administrative Agent or any Bank, or by any noncompliance by either Borrower or Subsidiary with the terms, provisions and covenants of this Agreement, regardless of any knowledge thereof Administrative Agent or any Bank may have or be otherwise charged with.
Rights Not Impaired. The subordination effected pursuant to ------------------- and the rights of the holders of Senior Debt under this SECTION 7 shall not be impaired by any exercise or non-exercise by any such holder of any right, power or remedy under or in respect of any Senior Debt or any instrument or agreement relating thereto or evidencing any security therefor, or any act or failure to act on the part of any Obligor or any holder of Senior Debt, or by any non- compliance by any Obligor with the terms, provisions or covenants hereof, regardless of the knowledge thereof by any holder of Senior Debt, or any waiver, consent, release, indulgence, extension, renewal, modification, delay or other action, inaction or omission, in respect of any Senior Debt or any instrument or agreement relating thereto or any security therefor or guaranty thereof, whether or not any Noteholder had knowledge of any of the foregoing. The Noteholders agree, with respect to the Senior Debt and any and all collateral therefor and guaranties thereof, that the Obligors and the holders of the Senior Debt may agree to increase the amount of the Senior Debt (subject to the limitations set forth in the definition of Company Senior Debt
