Common use of Suretyship Waivers and Consents Clause in Contracts

Suretyship Waivers and Consents. 1.1 The Borrowers each are, and at all times shall be, jointly and severally liable for each and every one of the Obligations under the Financing Agreement and under the Loan Documents, regardless of which Borrower or Borrowers requested, received, used, or directly enjoyed the benefit of, the extensions of credit hereunder. Unless otherwise expressly set forth to the contrary in any of the Loan Documents, all of the Collateral shall secure all of the Obligations. Each Borrower's Obligations under the Financing Agreement are independent Obligations and are absolute and unconditional. Each Borrower, to the extent permitted by law, hereby waives any defense to such Obligations that may arise by reason of the disability or other defense or cessation of liability of any other Borrower for any reason other than payment in full. Each Borrower also waives any defense to such Obligations that it may have as a result of Lender's election of or failure to exercise any right, power, or remedy, including the failure to proceed first against another Borrower or any security it holds from such other Borrower. Without limiting the generality of the foregoing, each Borrower expressly waives all demands and notices whatsoever (except for any demands or notices, if any, that such Borrower expressly is entitled to receive pursuant to the terms of any Loan Document), and agrees that the Lender Group may, without notice (except for such notice, if any, as such Borrower expressly is entitled to receive pursuant to the terms of any Loan Document) and without releasing the liability of such Borrower, extend for the benefit of any other Borrower the time for making any payment, waive or extend the performance of any agreement or make any settlement of any agreement for the benefit of any other Borrower, and may proceed against each Borrower, directly and independently of any other Borrower, as the Lender Group may elect in accordance with the Financing Agreement.

Appears in 2 contracts

Samples: Financing Agreement (Gart Sports Co), Financing Agreement (Sports Authority Inc /De/)

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Suretyship Waivers and Consents. 1.1 The Borrowers each are, and at all times shall be, jointly and severally liable for each and every one of the Obligations under the Financing Agreement and under the Loan Documents, regardless of which Borrower or Borrowers requested, received, used, or directly enjoyed the benefit of, the extensions of credit hereunder. Unless otherwise expressly set forth to the contrary in any of the Loan Documents, all of the Collateral shall secure all of the Obligations. Each Borrower's ’s Obligations under the Financing Agreement are independent Obligations and are absolute and unconditional. Each Borrower, to the extent permitted by law, hereby waives any defense to such Obligations that may arise by reason of the disability or other defense or cessation of liability of any other Borrower for any reason other than payment in full. Each Borrower also waives any defense to such Obligations that it may have as a result of Lender's ’s election of or failure to exercise any right, power, or remedy, including the failure to proceed first against another Borrower or any security it holds from such other Borrower. Without limiting the generality of the foregoing, each Borrower expressly waives all demands and notices whatsoever (except for any demands or notices, if any, that such Borrower expressly is entitled to receive pursuant to the terms of any Loan Document), and agrees that the Lender Group may, without notice (except for such notice, if any, as such Borrower expressly is entitled to receive pursuant to the terms of any Loan Document) and without releasing the liability of such Borrower, extend for the benefit of any other Borrower the time for making any payment, waive or extend the performance of any agreement or make any settlement of any agreement for the benefit of any other Borrower, and may proceed against each Borrower, directly and independently of any other Borrower, as the Lender Group may elect in accordance with the Financing Agreement.

Appears in 1 contract

Samples: Suretyship Agreement (Hall Kinion & Associates Inc)

Suretyship Waivers and Consents. 1.1 The Borrowers Debtors each are, and at all times shall be, jointly and severally liable for each and every one of the Obligations under the Financing Agreement and under the Loan Documents, regardless of which Borrower Debtor or Borrowers Debtors requested, received, used, or directly enjoyed the benefit of, the extensions of credit hereunder. Unless otherwise expressly set forth to the contrary in any of the Loan Documents, all of the Collateral shall secure all of the Obligations. Each BorrowerDebtor's Obligations under the Financing Agreement are independent Obligations and are absolute and unconditional. Each BorrowerDebtor, to the extent permitted by law, hereby waives any defense to such Obligations that may arise by reason of the disability or other defense or cessation of liability of any other Borrower Debtor for any reason other than payment in full. Each Borrower Debtor also waives any defense to such Obligations that it may have as a result of Lender's election of or failure to exercise any right, power, or remedy, including the failure to proceed first against another Borrower Debtor or any security it holds from such other BorrowerDebtor. Without limiting the generality of the foregoing, each Borrower Debtor expressly waives all demands and notices whatsoever (except for any demands or notices, if any, that such Borrower Debtor expressly is entitled to receive pursuant to the terms of any Loan Document), and agrees that the Lender Group may, without notice (except for such notice, if any, as such Borrower Debtor expressly is entitled to receive pursuant to the terms of any Loan Document) and without releasing the liability of such BorrowerDebtor, extend for the benefit of any other Borrower Debtor the time for making any payment, waive or extend the performance of any agreement or make any settlement of any agreement for the benefit of any other BorrowerDebtor, and may proceed against each BorrowerDebtor, directly and independently of any other BorrowerDebtor, as the Lender Group may elect in accordance with the Financing Agreement.

Appears in 1 contract

Samples: Financing Agreement (Gart Sports Co)

Suretyship Waivers and Consents. 1.1 The Borrowers each areEach of the Debtors comprising Borrower is, and at all times shall be, jointly and severally liable for each and every one of the Obligations of the Debtors comprising Borrower under the Financing Loan Agreement and under each of the other Loan Documents and each of the Debtors comprising the Guarantors is, and at all times shall be, jointly and severally liable for each and every one of the Obligations of the Debtors comprising the Guarantors under the Loan Agreement and under each of the other Loan Documents, in each case, regardless of which Borrower or Borrowers of the Debtors requested, received, used, or directly enjoyed the benefit of, the extensions of credit hereunderthereunder. Unless and to the extent otherwise expressly set forth to the contrary in any of the Loan Documents, all of the Collateral shall secure all of the Obligations. Each BorrowerDebtor's Obligations under the Financing Loan Agreement are independent Obligations and are absolute and unconditional. Each BorrowerDebtor, to the extent permitted by law, hereby waives any defense to such Obligations that may arise by reason of the disability or other defense or cessation of liability of any other Borrower Debtor for any reason other than payment in full. Each Borrower Debtor also waives any defense to such Obligations that it may have as a result of Lenderthe Lender Group's election of or failure to exercise any right, power, or remedy, including the failure to proceed first against another Borrower Debtor or any security it holds from such other BorrowerDebtor. Without limiting the generality of the foregoing, each Borrower Debtor expressly waives all demands and notices whatsoever (except for any demands or notices, if any, that such Borrower Debtor expressly is entitled to receive pursuant to the terms of any Loan Document), and agrees that the Lender Group may, without notice (except for such notice, if any, as such Borrower Debtor expressly is entitled to receive pursuant to the terms of any Loan Document) and without releasing the liability of such BorrowerDebtor, extend for the benefit of any other Borrower Debtor the time for making any payment, waive or extend the performance of any agreement or make any settlement of any agreement for the benefit of any other BorrowerDebtor, and may proceed against each BorrowerDebtor, directly and independently of any other BorrowerDebtor, as the Lender Group may elect in accordance with the Financing Loan Agreement.

Appears in 1 contract

Samples: Suretyship Agreement (Star Telecommunications Inc)

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Suretyship Waivers and Consents. 1.1 The Borrowers Debtors each are, and at all times shall be, jointly and severally liable for each and every one of the Obligations under the Financing Loan Agreement and under the Loan DocumentsDocuments (as defined in the Loan Agreement), regardless of which Borrower Debtor or Borrowers Debtors requested, received, used, or directly enjoyed the benefit of, the extensions of credit hereunder. Unless otherwise expressly set forth to the contrary in any of the Loan Documents, all of the Collateral shall secure all of the Obligations. Each BorrowerDebtor's Obligations under the Financing Loan Agreement are independent Obligations and are absolute and unconditional. Each BorrowerDebtor, to the extent permitted by law, hereby waives any defense to 2 such Obligations that may arise by reason of the disability or other defense or cessation of liability of any other Borrower Debtor for any reason other than payment in full. Each Borrower Debtor also waives any defense to such Obligations that it may have as a result of LenderFoothill's election of or failure to exercise any right, power, or remedy, including the failure to proceed first against another Borrower Debtor or any security it holds from such other BorrowerDebtor. Without limiting the generality of the foregoing, each Borrower Debtor expressly waives all demands and notices whatsoever (except for any demands or notices, if any, that such Borrower Debtor expressly is entitled to receive pursuant to the terms of any Loan Document), and agrees that the Lender Group Foothill may, without notice (except for such notice, if any, as such Borrower Debtor expressly is entitled to receive pursuant to the terms of any Loan Document) and without releasing the liability of such BorrowerDebtor, extend for the benefit of any other Borrower Debtor the time for making any payment, waive or extend the performance of any agreement or make any settlement of any agreement for the benefit of any other BorrowerDebtor, and may proceed against each BorrowerDebtor, directly and independently of any other BorrowerDebtor, as the Lender Group Foothill may elect in accordance with the Financing Loan Agreement.

Appears in 1 contract

Samples: Suretyship Agreement (Midcom Communications Inc)

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