Common use of Various Matters Clause in Contracts

Various Matters. So far as the Guarantor is concerned, the Lender may, at any time and from time to time, without the consent of, or notice to the Guarantor, and without impairing or releasing any of the obligations of the Guarantor hereunder, upon or without any terms or conditions and in whole or in part: (a) modify or change the manner, place or terms of, and/or change or extend the time of payment of, renew or alter, any of the Obligations, any security therefor, or any liability incurred directly or indirectly in respect thereof, provided that such modification, change, extension, renewal or alteration, or the manner in which it was implemented, does not violate the provision of the Letter Agreement, and this Guaranty shall apply to the Obligations as so modified, changed, extended, renewed or altered; (b) sell, exchange, release, surrender, realize upon or otherwise deal with, in any manner and in any order, any property by whomsoever at any time pledged or mortgaged to secure, or howsoever securing the Obligations or any liabilities (including any of those hereunder) incurred directly or indirectly in respect thereof or hereof, and/or any offset or right with respect thereto; (c) exercise or refrain from exercising any rights against the Borrower or others; (d) settle or compromise any of the Obligations, any security therefor or any liability (including any of those hereunder) incurred directly or indirectly in respect thereof or hereof, and subordinate the payment of all or any part thereof to the payment of any liability (whether due or not) of the Borrower to creditors of the Borrower other than the Lender; (e) apply any sums paid by or howsoever realized from any Person (other than the Borrower or Guarantor) to any of the Obligations regardless of what liability or liabilities of the Borrower remain unpaid; provided however that any sums paid to the Lender by reason of the Obligations shall be applied to satisfy the Obligations to the extent paid; and (f) amend or otherwise modify the Letter Agreement, consent to or waive any breach of, or any act, omission or default under the Letter Agreement, or any agreements, instruments or documents referred to therein or executed and delivered pursuant thereto or in connection therewith, and this Guaranty shall apply to the Obligations as set forth in each of such documents as so amended and modified. Any such action, shall not impair or release any of the obligations of the Guarantor hereunder.

Various Matters. So far as the Guarantor is concerned, the Lender may, at any time and from time to time, without the consent of, or notice to the Guarantor, and without impairing or releasing any of the obligations of the Guarantor hereunder, upon or without any terms or conditions and in whole or in part: (a) modify or change the manner, place or terms of, and/or change or extend the time of payment of, renew or alter, any of the Obligations, any security therefor, or any liability incurred directly or indirectly in respect thereof, provided that such modification, change, extension, renewal or alteration, or the manner in which it was implemented, does not violate the provision of the Letter Credit Agreement, and this Guaranty shall apply to the Obligations as so modified, changed, extended, renewed or altered; (b) sell, exchange, release, surrender, realize upon or otherwise deal with, in any manner and in any order, any property by whomsoever at any time pledged or mortgaged to secure, or howsoever securing the Obligations or any liabilities (including any of those hereunder) incurred directly or indirectly in respect thereof or hereof, and/or any offset or right with respect thereto; (c) exercise or refrain from exercising any rights against the Borrower or others; (d) settle or compromise any of the Obligations, any security therefor or any liability (including any of those hereunder) incurred directly or indirectly in respect thereof or hereof, and subordinate the payment of all or any part thereof to the payment of any liability (whether due or not) of the Borrower to creditors of the Borrower other than the Lender; (e) apply any sums paid by or howsoever realized from any Person (other than the Borrower or Guarantor) to any of the Obligations regardless of what liability or liabilities of the Borrower remain unpaid; provided however that any sums paid to the Lender by reason of the Obligations shall be applied to satisfy the Obligations to the extent paid; and (f) amend or otherwise modify the Letter Credit Agreement, consent to or waive any breach of, or any act, omission or default or Event of Default under the Letter Credit Agreement, or any agreements, instruments or documents referred to therein or executed and delivered pursuant thereto or in connection therewith, and this Guaranty shall apply to the Obligations as set forth in each of such documents as so amended and modified. Any such action, shall not impair or release any of the obligations of the Guarantor hereunder.