Common use of Actions Not Releases Clause in Contracts

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 9 contracts

Samples: Security Agreement (Quest Resource Corp), Security Agreement (Quest Energy Partners, L.P.), Security Agreement (Quest Resource Corp)

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Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 5 contracts

Samples: Security Agreement (Quest Resource Corp), Pledge and Security Agreement (PostRock Energy Corp), Security Agreement (Quest Resource Corp)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured PartyHolder Representative’s Rights rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Transaction Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor)therein; (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender Holder Representative to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender Holder Representative to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender Holder Representative to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender Holder Representative against Debtor or any new agreement between or among Secured Party or one or more Lenders Holder Representative and Debtor, it being understood that except as expressly provided hereinherein or required by law, neither Secured Party nor any Lender Holder Representative shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party Holder Representative hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawapplicable laws, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender Holder Representative is required to refund such payment or pay the amount thereof to someone else.

Appears in 3 contracts

Samples: Security Agreement (Irvine Sensors Corp/De/), Security Agreement (Irvine Sensors Corp/De/), Security Agreement (Irvine Sensors Corp/De/)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any QCOS Pledge and Security Agreement terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 2 contracts

Samples: Security Agreement (Quest Resource Corp), Security Agreement (Quest Energy Partners, L.P.)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any QCOS Pledge and Security Agreement circumstances whatsoever with respect to or in connection with the Obligations including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 2 contracts

Samples: Security Agreement (Quest Energy Partners, L.P.), Security Agreement (Quest Resource Corp)

Actions Not Releases. The Security Interest and Debtor’s 's obligations and Secured Party’s 's Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents Papers without the notification or consent of Debtor, except EXCEPT as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, IT BEING UNDERSTOOD THAT neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxULTRA XXXXX, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 2 contracts

Samples: Credit Agreement (Dobson Sygnet Communications Co), Credit Agreement (Dobson Communications Corp)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsIndebtedness; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsIndebtedness; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsIndebtedness, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsIndebtedness, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsIndebtedness; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Indebtedness or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Indebtedness, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Indebtedness against any party obligated with respect thereto by reason of the fact that the ObligationsIndebtedness, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the ObligationsIndebtedness, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 2 contracts

Samples: Security Agreement (Atlas Energy Resources, LLC), Revolving Credit Agreement (Atlas Resources Public #16-2007 (B) L.P.)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided hereinherein or required by law, neither Secured Party nor any Lender shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawapplicable laws, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 2 contracts

Samples: Security Agreement (Irvine Sensors Corp/De/), Security Agreement (Irvine Sensors Corp/De/)

Actions Not Releases. The Security Interest and Debtor’s obligations 's obligation and Secured Party’s 's Rights hereunder under this Agreement shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor)Documents; (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral security under any other document or other securityinstrument, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided hereinthat, neither Secured Party nor any Lender shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunderunder this Agreement; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any third party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 2 contracts

Samples: Security Agreement (STW Resources Holding Corp.), Security Agreement (STW Resources Holding Corp.)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 2 contracts

Samples: Pledge, Assignment, and Security Agreement (Panda Ethanol, Inc.), Pledge, Assignment, and Security Agreement (Panda Ethanol, Inc.)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect Cherokee Pledge and Security Agreement thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 2 contracts

Samples: Security Agreement (Quest Resource Corp), Security Agreement (Quest Energy Partners, L.P.)

Actions Not Releases. The Security Interest and each Debtor’s obligations and Secured PartyCollateral Agent’s Rights rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Secured Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Secured Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Note Documents without the notification or consent of such Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor)therein; (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Secured Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Secured Obligations, either with or without notice to or consent of debtorany Debtor (except as required by any Note Document), or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party Collateral Agent or any Lender Holder to any Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party Collateral Agent or any Lender Holder to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Secured Obligations; (vii) any failure of Secured Party Collateral Agent or any Lender Holder to notify any Debtor of any renewal, extension, or assignment of the Secured Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party Collateral Agent or any Lender Holder against any Debtor or any new agreement between or among Secured Party Collateral Agent or one or more Lenders Holders and any Debtor, it being understood that except as expressly provided hereinherein or in any other Note Document, neither Secured Party Collateral Agent nor any Lender Holder shall be required to give any Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Secured Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party Collateral Agent hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Secured Obligations against any party obligated with respect thereto by reason of the fact that the Secured Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Secured Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party Collateral Agent or any Lender Holder is required to refund such payment or pay the amount thereof to someone else.

Appears in 2 contracts

Samples: Security Agreement (Midstates Petroleum Company, Inc.), Security Agreement (Midstates Petroleum Company, Inc.)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, neglect delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.,

Appears in 2 contracts

Samples: Security Agreement (Markwest Hydrocarbon Inc), Security Agreement (Markwest Energy Partners L P)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect Cherokee Pledge and Security Agreement thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 2 contracts

Samples: Security Agreement (Quest Energy Partners, L.P.), Security Agreement (Quest Resource Corp)

Actions Not Releases. The Security Interest and Debtor’s 's obligations and Secured Party’s Rights 's rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxvirex, or xx the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 2 contracts

Samples: Security Agreement (Intermedia Communications Inc), Security Agreement (Digex Inc/De)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 2 contracts

Samples: Security Agreement (Martin Midstream Partners Lp), Security Agreement (Martin Midstream Partners Lp)

Actions Not Releases. The Security Interest and each Debtor’s obligations and Secured Party’s Rights rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of such Debtor, except as required therein (the Right right to such notification or consent (except as specifically being herein required therein) being specifically waived by each Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorany Debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to any Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify any Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against any Debtor or any new agreement between or among Secured Party or one or more Lenders and any Debtor, in each case except as required by any Loan Document, it being understood that except as expressly provided herein, or any other Loan Document, neither Secured Party nor any Lender shall be required to give any Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (AMERICAN EAGLE ENERGY Corp)

Actions Not Releases. The Security Interest and Debtor’s 's obligations and Secured Party’s 's Rights hereunder under this Agreement shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor)therein; (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor, in each case, except as required by the Loan Documents; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral security under any other document or other securityinstrument, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that that, except as expressly provided hereinrequired by the Credit Agreement, neither Secured Party nor any Lender shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunderunder this Agreement; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any third party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Credit Agreement (Forbes Medi Tech Inc)

Actions Not Releases. The Security Interest and each Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan First Lien Documents without the notification or consent of any Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by each Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtoreach Debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender Beneficiary to any Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender Beneficiary to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender Beneficiary to notify any Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender Beneficiary against any Debtor or any new agreement between or among Secured Party or one or more Lenders Beneficiaries and any Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender Beneficiary shall be required to give any Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunderhereunder except to the extent expressly provided for herein or under the Credit Agreement; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender Beneficiary is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (PostRock Energy Corp)

Actions Not Releases. The Security Interest and each Debtor’s obligations Obligations and the Collateral Agent’s and the Secured Party’s Rights Parties’ rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents this Agreement without the notification or consent of any Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor)herein; (iv) the insolvency, bankruptcy, or lack of corporate corporate, partnership or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorany Debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or the Collateral Agent to any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender the Collateral Agent to take or prosecute any action in connection with this Agreement or any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender the Collateral Agent to notify any Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or the Collateral Agent against any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders Parties and any Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender the Collateral Agent shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party the Collateral Agent hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender the Collateral Agent is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Tatonka Oil & Gas, Inc.)

Actions Not Releases. The Security Interest and each Debtor’s obligations 's Obligations and the Collateral Agent's and the Secured Party’s Rights Parties' rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents this Agreement without the notification or consent of any Debtor, except as required therein herein (the Right right to such notification or consent being herein specifically waived by each Debtor); (iv) the insolvency, bankruptcy, or lack of corporate corporate, partnership or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorany Debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or the Collateral Agent to any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender the Collateral Agent to take or prosecute any action in connection with this Agreement or any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender the Collateral Agent to notify any Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or the Collateral Agent against any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders Parties and any Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender the Collateral Agent shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party the Collateral Agent hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the Obligations, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender the Collateral Agent is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Consolidated Energy Inc)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder rights under this Agreement shall not be released, diminished, impaired, impaired or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, subordination or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor’s consent, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor)therein; (iv) the insolvency, bankruptcy, bankruptcy or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, extension or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, forbearance or compromise that may be granted or given by Secured Party or any Lender to Debtor, in each case, except as required by the Loan Documents; (vi) any neglect, delay, omission, failure, failure or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, guaranty or instrument evidencing, securing, securing or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral security under any other document or other securityinstrument, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that that, except as expressly provided hereinrequired by the Credit Agreement, neither Secured Party nor any Lender shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunderunder this Agreement; (viii) the illegality, invalidity, invalidity or unenforceability of all or any part of the Obligations Obligation against any third party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, partners or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Form of Security Agreement (Vertex Energy Inc.)

Actions Not Releases. The Security Interest and [each] Debtor’s 's obligations and Secured Party’s 's Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of [any] Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by [each] Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtor[any] Debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to [any] Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender to notify [any] Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against [any] Debtor or any new agreement between or among Secured Party or one or more Lenders and [any] Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give [any] Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Credit Agreement (Dobson Communications Corp)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any QO&G Pledge and Security Agreement circumstances whatsoever with respect to or in connection with the Obligations including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Quest Resource Corp)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan First Lien Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender Beneficiary to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender Beneficiary to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender Beneficiary to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender Beneficiary against Debtor or any new agreement between or among Secured Party or one or more Lenders Beneficiaries and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender Beneficiary shall be required to give Debtor any notice of KPC Facility Pledge and Security Agreement any kind under any circumstances whatsoever with respect to or in connection with the Obligations including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunderhereunder except to the extent expressly provided for herein or under the Pipeline Credit Agreement; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender Beneficiary is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (PostRock Energy Corp)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsIndebtedness; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsIndebtedness; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsIndebtedness, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsIndebtedness, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsIndebtedness; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Indebtedness or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Indebtedness, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Indebtedness against any party obligated with respect thereto by reason of the fact that the ObligationsIndebtedness, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the ObligationsIndebtedness, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Atlas America Series 27-2006 LP)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Axxxx-Xxxxxxxx Energy Amended & Restated Pledge and Security Agreement Obligations, either with or without notice to or consent of debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, neglect delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.,

Appears in 1 contract

Samples: Pledge and Security Agreement (Allis Chalmers Energy Inc.)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Quest Transmission Pledge and Security Agreement Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Quest Resource Corp)

Actions Not Releases. The Security Interest Interest, the Obligations and Debtor’s obligations the Collateral Agent's and the Secured Party’s Rights Parties' rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents this Agreement without the notification or consent of the Debtor, except as required therein herein (the Right right to such notification or consent being herein specifically waived by the Debtor); (iv) the insolvency, bankruptcy, or lack of corporate corporate, partnership or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorthe Debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender the Collateral Agent to the Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender the Collateral Agent to take or prosecute any action in connection with this Agreement or any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender the Collateral Agent to notify the Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender the Collateral Agent against the Debtor or any new agreement between or among Secured Party or one or more Lenders Parties and the Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender the Collateral Agent shall not be required to give the Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party the Collateral Agent hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender the Collateral Agent is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Broadcast International Inc)

Actions Not Releases. The Security Interest and Debtor’s obligations 's obligation and the Secured Party’s Rights hereunder 's rights under this Security Agreement shall not be released, diminished, impaired, impaired or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, subordination or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, to or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor)Notes; (iv) the insolvency, bankruptcy, bankruptcy or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurringoccurring in the future; (v) any renewal, extension, extension or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtor, Debtor or any adjustment, indulgence, forbearance, forbearance or compromise that may be granted or given by the Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, failure or refusal of the Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsNotes; (vii) any failure of the Secured Party or any Lender to notify Debtor of any renewal, extension, extension or assignment of the Obligations Obligation or any part thereof, or of the release of any Collateral or other securityObligation, or of any other action taken or refrained from being taken by the Secured Party or any Lender against Debtor or any new agreement between or among the Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided hereinthat, neither the Secured Party nor any Lender shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of the Secured Party hereunderunder this Security Agreement; (viii) the illegality, invalidity, invalidity or unenforceability of all or any part of the Obligations Obligation against any third party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the ObligationsObligation, or any part thereofof the Obligation, is ultra vxxxxULTRA VIRES, or the officers, partners, partners or trustees creating same acted in excess exxxxx of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto to such payment is held to constitute a preference under applicable Laws or for any other reason the Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Intelect Communications Inc)

Actions Not Releases. The Security Interest Interests and Debtor’s the Company's obligations and Secured Party’s Rights Gryphon's rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents this Agreement without the notification or consent of Debtorthe Company, except as required therein herein (the Right right to such notification or consent being herein specifically waived by Debtorthe Company); (iv) the insolvency, bankruptcy, or lack of corporate corporate, partnership or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorthe Company, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender Gryphon to Debtorthe Company; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender Gryphon to take or prosecute any action in connection with this Agreement or any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender Gryphon to notify Debtor the Company of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender Gryphon against Debtor the Company or any new agreement between or among Secured Party or one or more Lenders Gryphon and Debtorthe Company, it being understood that except as expressly provided herein, neither Secured Party nor any Lender Gryphon shall not be required to give Debtor the Company any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party Gryphon hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender Gryphon is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Knightsbridge Fine Wines Inc)

Actions Not Releases. The Security Interest and each Debtor’s obligations 's Obligations and the Collateral Agent's and the Secured Party’s Rights Parties' rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents this Agreement without the notification or consent of any Debtor, except as required therein herein (the Right right to such notification or consent being herein specifically waived by each Debtor); (iv) the insolvency, bankruptcy, or lack of corporate corporate, partnership or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorany Debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or the Collateral Agent to any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender the Collateral Agent to take or prosecute any action in connection with this Agreement or any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender the Collateral Agent to notify any Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or the Collateral Agent against any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders Parties and any Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender the Collateral Agent shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party the Collateral Agent hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender the Collateral Agent is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Nascent Wine Company, Inc.)

Actions Not Releases. The Security Interest and each Debtor’s obligations 's Obligations and the Collateral Agent's and the Secured Party’s Rights Parties' rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents this Agreement without the notification or consent of any Debtor, except as required therein herein (the Right right to such notification or consent being herein specifically waived by each Debtor); (iv) the insolvency, bankruptcy, or lack of corporate corporate, partnership or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorany Debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or the Collateral Agent to any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender the Collateral Agent to take or prosecute any action in connection with this Agreement or any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender the Collateral Agent to notify any Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or the Collateral Agent against any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders Parties and any Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender the Collateral Agent shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party the Collateral Agent hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the Obligations, or any part thereof, is ultra vxxxxvires, or the officers, partnerspartnerx, or xr trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender the Collateral Agent is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Consolidated Energy Inc)

Actions Not Releases. The Security Interest and Debtor’s 's -------------------- obligations and Secured Party’s 's Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party Party, any other Agent, or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party Party, any other Agent, or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party Party, any other Agent, or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party Party, any other Agent, or any Lender against Debtor or any new agreement between or among Secured Party Party, any other Agent, or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party Party, nor any other Agent, nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party Party, any other Agent, or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Azz Inc)

Actions Not Releases. The Security Interest and Debtor’s 's obligations and Secured Party’s 's Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Pledge Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Pledge Agreement (Adelphia Communications Corp)

Actions Not Releases. The Security Interest and Debtor’s obligations 's obligation and Secured Party’s Rights hereunder the Purchaser's rights under this Security Agreement shall not be released, diminished, impaired, impaired or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, subordination or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, to or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor)Note; (iv) the insolvency, bankruptcy, bankruptcy or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurringoccurring in the future; (v) any renewal, extension, extension or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtor, Debtor or any adjustment, indulgence, forbearance, forbearance or compromise that may be granted or given by Secured Party or any Lender the Purchaser to Debtor; (vi) any neglect, delay, omission, failure, failure or refusal of Secured Party or any Lender the Purchaser to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsNote; (vii) any failure of Secured Party or any Lender the Purchaser to notify Debtor of any renewal, extension, extension or assignment of the Obligations Obligation or any part thereof, or of the release of any Collateral or other securityObligation, or of any other action taken or refrained from being taken by Secured Party or any Lender the Purchaser against Debtor or any new agreement between or among Secured Party or one or more Lenders the Purchaser and Debtor, it being understood that except as expressly provided hereinthat, neither Secured Party nor any Lender the Purchaser shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunderthe Purchaser under this Security Agreement; (viii) the illegality, invalidity, invalidity or unenforceability of all or any part of the Obligations Obligation against any third party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the ObligationsObligation, or any part thereofof the Obligation, is ultra vxxxxvirex, or xx the officers, partners, partners or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto to such payment is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender the Purchaser is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Florafax International Inc)

Actions Not Releases. The Security Interest Interests and Debtorthe Borrower’s obligations and Secured Partythe Lender’s Rights rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents this Agreement without the notification or consent of Debtorthe Borrower, except as required therein herein (the Right right to such notification or consent being herein specifically waived by Debtorthe Borrower); (iv) the insolvency, bankruptcy, or lack of corporate corporate, partnership or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorthe Borrower, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any a Lender to Debtorthe Borrower; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any the Lender to take or prosecute any action in connection with this Agreement or any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any the Lender to notify Debtor the Borrower of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any the Lender against Debtor the Borrower or any new agreement between or among Secured Party or one or more Lenders the Lender and Debtorthe Borrower, it being understood that except as expressly provided herein, neither Secured Party nor any the Lender shall not be required to give Debtor the Borrower any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party the Lender hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any the Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (360 Global Wine Co)

Actions Not Releases. The Security Interest and Debtor’s 's obligations and Secured Party’s 's Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by LawXxx, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Dobson Communications Corp)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder rights under this Agreement shall not be released, diminished, impaired, impaired or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, subordination or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor’s consent, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor)therein; (iv) the insolvency, bankruptcy, bankruptcy or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, extension or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, forbearance or compromise that may be granted or given by Secured Party or any Lender to Debtor, in each case, except as required by the Loan Documents; (vi) any neglect, delay, omission, failure, failure or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, guaranty or instrument evidencing, securing, securing or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral security under any other Loan Document or any other securitydocument or instrument, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor Debtor, or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that that, except as expressly provided hereinrequired by the Credit Agreement, neither Secured Party nor any Lender shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunderunder this Agreement; (viii) the illegality, invalidity, invalidity or unenforceability of all or any part of the Obligations against any third party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partnersequity owners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (iBio, Inc.)

Actions Not Releases. The Security Interest Interest, the Obligations and Debtor’s obligations the Collateral Agent's and the Secured Party’s Rights Parties' rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents this Agreement without the notification or consent of the Debtor, except as required therein herein (the Right right to such notification or consent being herein specifically waived by the Debtor); (iv) the insolvency, bankruptcy, or lack of corporate corporate, partnership or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorthe Debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender the Collateral Agent to the Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender the Collateral Agent to take or prosecute any action in connection with this Agreement or any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender the Collateral Agent to notify the Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender the Collateral Agent against the Debtor or any new agreement between or among Secured Party or one or more Lenders Parties and the Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender the Collateral Agent shall not be required to give the Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party the Collateral Agent hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the Obligations, or any part thereof, is ultra vxxxxvires, or the officers, partnersxxxxxers, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender the Collateral Agent is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Broadcast International Inc)

Actions Not Releases. The This Security Interest and Debtor’s obligations 's obligation and Secured Party’s 's Rights hereunder under this Agreement shall not be released, diminished, impaired, impaired or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, subordination or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor)therein; (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, extension or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, failure or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, guaranty or instrument evidencing, securing, securing or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, extension or assignment of the Obligations or any part thereof, or the release of any Collateral security under any other document or other securityinstrument, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that that, except as expressly provided hereinrequired by the Note, neither Secured Party nor any Lender shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.ever

Appears in 1 contract

Samples: General Security Agreement (Scottsdale Technologies Inc)

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Actions Not Releases. The Security Interest and Debtor’s 's -------------------- obligations and Secured Party’s 's Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party to Borrower or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Pledge Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Pledge Agreement (Pendaries Petroleum LTD)

Actions Not Releases. The Security Interest and Debtor’s Borrower's obligations and Secured Party’s Rights Parties' rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the The taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the its or any other Loan Documents Related Paper without the notification or consent of DebtorBorrower, except as required therein (the Right right to such notification or and consent being herein specifically waived by DebtorBorrower); (iv) the insolvency, bankruptcy, or lack of corporate corporate, partnership or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorBorrower, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender Parties to DebtorBorrower; (vi) any neglect, delay, omission, failure, or refusal of any Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of any Secured Party or any Lender to notify Debtor Borrower of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by any Secured Party or any Lender against Debtor Borrower or any new agreement between or among any Secured Party or one or more Lenders and DebtorBorrower, it being understood that except as expressly provided herein, neither no Secured Party nor any Lender shall be required to give Debtor Borrower (other than Borrower) any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement security agreement or any Collateral ever delivered to or for the account of such Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxvirex, or xx the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason any Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Loan Agreement (Pool Energy Services Co)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents Note without the notification or consent of Debtor, except as required therein (the Right right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Asset Purchase Agreement

Actions Not Releases. The Security Interest and each Debtor’s obligations 's Obligations and the Collateral Agent's and the Secured Party’s Rights Parties' rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents this Agreement without the notification or consent of any Debtor, except as required therein herein (the Right right to such notification or consent being herein specifically waived by each Debtor); (iv) the insolvency, bankruptcy, or lack of corporate corporate, partnership or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorany Debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or the Collateral Agent to any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender the Collateral Agent to take or prosecute any action in connection with this Agreement or any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender the Collateral Agent to notify any Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or the Collateral Agent against any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders Parties and any Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender the Collateral Agent shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party the Collateral Agent hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the Obligations, or any part thereof, is ultra vxxxxvires, or the officers, partnerspartnexx, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender the Collateral Agent is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Consolidated Energy Inc)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder rights under this Agreement shall not be released, diminished, impaired, impaired or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, subordination or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor’s consent, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor)therein; (iv) the insolvency, bankruptcy, bankruptcy or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, extension or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, forbearance or compromise that may be granted or given by Secured Party or any Lender to Debtor, in each case, except as required by the Loan Documents; (vi) any neglect, delay, omission, failure, failure or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, guaranty or instrument evidencing, securing, securing or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral security under any other document or other securityinstrument, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that that, except as expressly provided hereinrequired by the Credit Agreement or any other Loan Document, neither Secured Party nor any Lender shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunderunder this Agreement; (viii) the illegality, invalidity, invalidity or unenforceability of all or any part of the Obligations Obligation against any third party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, partners or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Deep Down, Inc.)

Actions Not Releases. The Security Interest and Debtor’s 's obligations and Secured Party’s Rights Parties' rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the The taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the its or any other Loan Documents Related Paper without the notification or consent of Debtor, except as required therein (the Right right to such notification or and consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender Parties to Debtor; (vi) any neglect, delay, omission, failure, or refusal of any Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of any Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by any Secured Party or any Lender against Debtor or any new agreement between or among any Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither no Secured Party nor any Lender shall be required to give Debtor (other than Borrower) any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement security agreement or any Collateral ever delivered to or for the account of such Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxvirex, or xx the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason any Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Credit Agreement (Pool Energy Services Co)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.. QRC Pledge and Security Agreement

Appears in 1 contract

Samples: Security Agreement (Quest Resource Corp)

Actions Not Releases. The Security Interest and Debtor’s obligations Pledgors' pledge and Secured Party’s Rights hereunder 's rights under this Pledge Agreement shall not be released, diminished, impaired, impaired or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, subordination or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with with, any terms of any of the other Loan Documents Note without the notification or consent of DebtorPledgors, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor)therein; (iv) the insolvency, bankruptcy, bankruptcy or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, extension or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorPledgors, or any adjustment, indulgence, forbearance, forbearance or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, failure or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsNote; (vii) any failure of Secured Party or any Lender to notify Debtor Pledgors (A) of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or (B) of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or (C) any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that that, except as expressly provided hereinrequired by the Note, neither Secured Party nor any Lender shall not be required to give Debtor Pledgors any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Pledge Agreement or any Collateral ever delivered to or for the account of Secured Party hereunderunder this Pledge Agreement; (viii) the illegality, invalidity, invalidity or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto Debtor by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reasonlaw; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Nonrecourse Pledge Agreement (Oxford Ventures Inc)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured PartyHolder Representative’s Rights rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents Transaction Agreements without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor)therein; (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender Holder Representative to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender Holder Representative to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender Holder Representative to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender Holder Representative against Debtor or any new agreement between or among Secured Party or one or more Lenders Holder Representative and Debtor, it being understood that except as expressly provided hereinherein or required by law, neither Secured Party nor any Lender Holder Representative shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party Holder Representative hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawapplicable laws, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender Holder Representative is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Isc8 Inc. /De)

Actions Not Releases. The Security Interest and Debtor’s Debtors obligations and -------------------- Secured Party’s 's Rights hereunder shall not be released, diminished, impaired, impaired or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or of all of the ObligationsIndebtedness; (ii) any release, surrender, exchange, subordination, subordination or loss of any security or assurance at any time existing in connection with any or all of the ObligationsIndebtedness; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of DebtorDebtors, except as required therein (the Right right to such notification or and/or consent being herein specifically waived by DebtorDebtors); (iv) the insolvency, bankruptcy, bankruptcy or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsIndebtedness, whether now existing or hereafter occurring; (v) any renewal, extension, or extension and/or rearrangement of the payment of any or all of the ObligationsIndebtedness, either with or without notice to or consent of debtorDebtors, or any adjustment, indulgence, forbearance, forbearance or compromise that may be granted or given by Secured Party or any Lender to DebtorDebtors; (vi) any neglect, delay, omission, failure, failure or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, guaranty or instrument evidencing, securing, securing or assuring the payment of all or any of the ObligationsIndebtedness; (vii) any failure of Secured Party or any Lender to notify Debtor Debtors of any renewal, extension, extension or assignment of the Obligations Indebtedness or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor Debtors or any new agreement between or among Secured Party or one or more Lenders and DebtorDebtors, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall not be required to give Debtor Debtors any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Indebtedness, including, without limitation, notice of acceptance of this Security Agreement or and/or any Collateral ever delivered to or for the account Accounts of Secured Party hereunder; (viii) the illegality, invalidity, invalidity or unenforceability of all or of any part of the Obligations Indebtedness against any party obligated with respect thereto by reason of the fact that the ObligationsIndebtedness, or and/or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsIndebtedness, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, partners or trustees creating same acted in excess of their authority, or for any other reason; or and (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security and Pledge Agreement (Vialink Co)

Actions Not Releases. The Security Interest and each Debtor’s obligations and each Secured Party’s Rights rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Note Documents without the notification or consent of such Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by each Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorany Debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party the Collateral Agent or any Lender Holder to any Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party the Collateral Agent or any Lender Holder to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party the Collateral Agent or any Lender Holder to notify any Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party the Collateral Agent or any Lender Holder against any Debtor or any new agreement between or among Secured Party the Collateral Agent or one or more Lenders Holders and any Debtor, it being understood that except as expressly provided herein, neither Secured Party the Collateral Agent nor any Lender Holder shall be required to give any Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations includingObligations, without limitation, including notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party the Collateral Agent hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party the Collateral Agent or any Lender Holder is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Breitburn Energy Partners LP)

Actions Not Releases. The Security Interest and Debtor’s 's obligations and Secured Party’s Rights 's rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents Related Papers without the notification or consent of Debtor, except as required therein (the Right right to such notification or and consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement security agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxvirex, or xx the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Securities Purchase Agreement (Internet America Inc)

Actions Not Releases. The Security Interest and each Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan First Lien Documents without the notification or consent of any Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by each Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtoreach Debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender Beneficiary to any Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender Beneficiary to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender Beneficiary to notify any Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender Beneficiary against any Debtor or any new agreement between or among Secured Party or one or more Lenders Beneficiaries and any Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender Beneficiary shall be required to give any Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunderhereunder except to the extent expressly provided for herein or under the Borrowing Base Facility Credit Agreement; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender Beneficiary is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (PostRock Energy Corp)

Actions Not Releases. The Security Interest and Debtor’s IGEN's obligations and Secured Party’s Rights BM's rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of IGEN's obligation under the ObligationsLicense Agreement or hereunder; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of IGEN's obligations under the ObligationsLicense Agreement or hereunder; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment performance of any or all of IGEN's obligations under the ObligationsLicense Agreement or hereunder, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (viiv) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender BM to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment performance of all or any of IGEN's obligations under the ObligationsLicense Agreement or hereunder; (viiv) any failure of Secured Party or any Lender BM to notify Debtor IGEN of any renewal, extension, or assignment of IGEN's obligations under the Obligations License Agreement or Hereunder or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender BM against Debtor IGEN or any new agreement between or among Secured Party or one or more Lenders BM and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunderIGEN; (viiivi) the illegality, invalidity, or unenforceability of all or any part of IGEN's obligations under the Obligations License Agreement or hereunder against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating IGEN's obligations under the ObligationsLicense Agreement or hereunder, or any Confidential Treatment Requested part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees officers creating same acted in excess of their authority, or for any other reason; or (ixvii) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender BM is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Confidential Treatment (Igen International Inc /Ca/)

Actions Not Releases. The Security Interest and Debtor’s each Obligor's obligations and Secured Party’s Rights 's rights hereunder shall not be released, diminished, impaired, impaired or adversely affected by the occurrence of any one or more of the following events: (ia) the taking or accepting of any other security or assurance for any or all of the ObligationsIndebtedness; (iib) any release, surrender, exchange, subordination, subordination or loss of any security or assurance at any time existing in connection with any or all of the ObligationsIndebtedness; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (ivc) the insolvency, bankruptcy, bankruptcy or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsIndebtedness, whether now existing or hereafter occurring; (vd) any renewal, extension, extension or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorIndebtedness, or any adjustment, indulgence, forbearance, forbearance or compromise that may be granted or given by Secured Party or any Lender to Debtoran Obligor; (vie) any neglect, delay, omission, failure, failure or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, guaranty or instrument evidencing, securing, securing or assuring the payment of all or any of the ObligationsIndebtedness; (viif) any failure of Secured Party or any Lender to notify Debtor an Obligor of any renewal, extension, extension or assignment of the Obligations Indebtedness or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor an Obligor or any new agreement between or among an Obligor and Secured Party or one or more Lenders and DebtorParty, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall not be required to give Debtor any Obligor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Indebtedness, including, without limitation, notice of acceptance of this Security Agreement Agreement, or any Collateral ever delivered to or for the account of Secured Party hereunderParty; (viiig) the illegality, invalidity, invalidity or unenforceability of all or any part of the Obligations Indebtedness against any party obligated with respect thereto by reason of the fact that the ObligationsIndebtedness, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsIndebtedness, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, partners or trustees creating same acted in excess of their authority, or for any other reason; or (ixh) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else; or (i) the modification of, amendment to, or waiver of compliance with any terms of the Notes or any of the Loan Documents without the notification or consent of an Obligor, except as required therein (the right to such notification and consent being herein specifically waived by the Obligor).

Appears in 1 contract

Samples: Security Agreement (Secured Financial Network, Inc.)

Actions Not Releases. The Security Interest and Debtor’s Pledgor's obligations and Secured Party’s Rights Collateral Agent's rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Credit Documents without the notification or consent of DebtorPledgor, except as required therein (the Right right to such notification or consent being herein specifically waived by Debtor)Pledgor) except as required therein; (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorPledgor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender Collateral Agent to DebtorPledgor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender Collateral Agent to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender Collateral Agent to notify Debtor Pledgor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender Collateral Agent against Debtor Pledgor or any new agreement between or among Secured Party or one or more Lenders Collateral Agent and DebtorPledgor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender Collateral Agent shall not be required to give Debtor Pledgor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party Collateral Agent hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by applicable Law, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws Law or for any other reason Secured Party or any Lender Collateral Agent is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Pledge and Security Agreement (Taleo Corp)

Actions Not Releases. The Security Interest and [each] Debtor’s 's obligations and Secured Party’s 's Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of [any] Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by [each] Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtor[any] Debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to [any] Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender to notify [any] Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against [any] Debtor or any new agreement between or among Secured Party or one or more Lenders and [any] Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give [any] Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Pledge Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxvires, or the officers, partners, or trustees creating same acted xxxxd in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Pledge Agreement (Adelphia Communications Corp)

Actions Not Releases. The Security Interest and Debtor’s 's obligations and Secured Party’s Rights Parties' rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the The taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the its or any other Loan Documents Related Paper without the notification or consent of Debtor, except as required therein (the Right right to such notification or and consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate corporate, partnership or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender Parties to Debtor; (vi) any neglect, delay, omission, failure, or refusal of any Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of any Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by any Secured Party or any Lender against Debtor or any new agreement between or among any Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither no Secured Party nor any Lender shall be required to give Debtor (other than Borrower) any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement security agreement or any Collateral ever delivered to or for the account of such Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxvirex, or xx the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason any Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Loan Agreement (Pool Energy Services Co)

Actions Not Releases. The Security Interest and Debtor’s obligations Debtors' Obligations and Secured Party’s Rights hereunder 's rights under this Agreement shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents Papers without the notification or consent of DebtorDebtors, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor)therein; (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorDebtors, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to DebtorDebtors, in each case, except as required by the Loan Papers; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor Debtors of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral security under any other document or other securityinstrument, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor Debtors or any new agreement between or among Secured Party or one or more Lenders and DebtorDebtors, it being understood that that, except as expressly provided hereinrequired by the Credit Agreement, neither Secured Party nor any Lender shall not be required to give Debtor Debtors any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunderunder this Agreement; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any third party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Monro Muffler Brake Inc)

Actions Not Releases. The Security Interest and Debtor’s obligations 's obligation and Secured Party’s 's Rights hereunder under this Agreement shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; , (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; , (iii) the modification of, amendment to, or waiver of compliance with any terms of any application or agreement for the issuance of commercial letter of credit or similar agreement executed and delivered in connection with the other Loan Documents without the notification or consent Import Letter of DebtorCredit Line, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; , (v) any renewal, increase, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; , (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; Obligation, (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral security under any other document or other securityinstrument, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; under this Agreement, (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any third party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxvires, or the officers, partners, or trustees creating same acted in actxx xx excess of their authority, or for any other reason; , or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Fourth Amended And (Conns Inc)

Actions Not Releases. The Security Interest and Debtor’s 's obligations and Secured Party’s Rights Parties' rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents this Agreement without the notification or consent of Debtor, except as required therein herein (the Right right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate corporate, partnership or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender Parties to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender Parties to take or prosecute any action in connection with this Agreement or any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender Parties to notify Debtor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender Parties against Debtor or any new agreement between or among Secured Party or one or more Lenders Parties and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender Parties shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party Parties hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender is Parties are required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Consolidated Energy Inc)

Actions Not Releases. The Security Interest and Debtor’s Pledgor's obligations and Secured Party’s Rights Parties' rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the The taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the its or any other Loan Documents Related Paper without the notification or consent of DebtorPledgor, except as required therein (the Right right to such notification or and consent being herein specifically waived by DebtorPledgor); (iv) the insolvency, bankruptcy, or lack of corporate corporate, partnership or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorPledgor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender Parties to DebtorPledgor; (vi) any neglect, delay, omission, failure, or refusal of any Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of any Secured Party or any Lender to notify Debtor Pledgor of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by any Secured Party or any Lender against Debtor Pledgor or any new agreement between or among any Secured Party or one or more Lenders and DebtorPledgor, it being understood that except as expressly provided herein, neither no Secured Party nor any Lender shall be required to give Debtor Pledgor (other than Pledgor) any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement security agreement or any Collateral ever delivered to or for the account of such Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxvirex, or xx the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason any Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Loan Agreement (Pool Energy Services Co)

Actions Not Releases. The Security Interest and Debtor’s obligations Debtors' Obligations and Secured Party’s Rights hereunder 's rights under this Agreement shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents Papers without the notification or consent of DebtorDebtors, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor)therein; (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorDebtors, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to DebtorDebtors, in each case, except as required by the Loan Papers; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor Debtors of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral security under any other document or other securityinstrument, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor Debtors or any new agreement between or among Secured Party or one or more Lenders and DebtorDebtors, it being understood that that, except as expressly provided hereinrequired by the Credit Agreement or any other Loan Papers, neither Secured Party nor any Lender shall not be required to give Debtor Debtors any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunderunder this Agreement; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any third party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Monro Muffler Brake Inc)

Actions Not Releases. The Security Interest and Debtor’s 's obligations and Secured Party’s Rights 's rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (viv) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtorDebtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (viv) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (viivi) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall not be required to give Debtor any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligations, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viiivii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the Obligations, or any part thereof, is ultra vxxxxxxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ixviii) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Security Agreement Execution Copy - 11/25/2003 11:27 AM Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Pledge and Security Agreement (Bizcom Usa Inc)

Actions Not Releases. The Security Interest Interests and Debtor’s the Company's obligations and Secured Party’s Rights Gryphon's rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the ObligationsObligation; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the ObligationsObligation; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents this Agreement without the notification or consent of Debtorthe Company, except as required therein herein (the Right right to such notification or consent being herein specifically waived by Debtorthe Company); (iv) the insolvency, bankruptcy, or lack of corporate corporate, partnership or trust power of any party at any time liable for the payment of any or all of the ObligationsObligation, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the ObligationsObligation, either with or without notice to or consent of debtorthe Company, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender Gryphon to Debtorthe Company; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender Gryphon to take or prosecute any action in connection with this Agreement or any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the ObligationsObligation; (vii) any failure of Secured Party or any Lender Gryphon to notify Debtor the Company of any renewal, extension, or assignment of the Obligations Obligation or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender Gryphon against Debtor the Company or any new agreement between or among Secured Party or one or more Lenders Gryphon and Debtorthe Company, it being understood that except as expressly provided herein, neither Secured Party nor any Lender Gryphon shall not be required to give Debtor the Company any notice of any kind under any circumstances whatsoever with respect to or in connection with the Obligations Obligation, including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party Gryphon hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations Obligation against any party obligated with respect thereto by reason of the fact that the ObligationsObligation, or the interest paid or payable with respect thereto, exceeds the amount permitted by Lawlaw, the act of creating the ObligationsObligation, or any part thereof, is ultra vxxxxvires, or the officers, partners, or trustees creating same acted in excess xx xxcess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws laws or for any other reason Secured Party or any Lender Gryphon is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Exchange Agreement (Knightsbridge Fine Wines Inc)

Actions Not Releases. The Security Interest and Debtor’s obligations and Secured Party’s Rights hereunder shall not be released, diminished, impaired, or adversely affected by the occurrence of any one or more of the following events: (i) the taking or accepting of any other security or assurance for any or all of the Obligations; (ii) any release, surrender, exchange, subordination, or loss of any security or assurance at any time existing in connection with any or all of the Obligations; (iii) the modification of, amendment to, or waiver of compliance with any terms of any of the other Loan Documents without the notification or consent of Debtor, except as required therein (the Right to such notification or consent being herein specifically waived by Debtor); (iv) the insolvency, bankruptcy, or lack of corporate or trust power of any party at any time liable for the payment of any or all of the Obligations, whether now existing or hereafter occurring; (v) any renewal, extension, or rearrangement of the payment of any or all of the Obligations, either with or without notice to or consent of debtor, or any adjustment, indulgence, forbearance, or compromise that may be granted or given by Secured Party or any Lender to Debtor; (vi) any neglect, delay, omission, failure, or refusal of Secured Party or any Lender to take or prosecute any action in connection with any other agreement, document, guaranty, or instrument evidencing, securing, or assuring the payment of all or any of the Obligations; (vii) any failure of Secured Party or any Lender to notify Debtor of any renewal, extension, or assignment of the Obligations or any part thereof, or the release of any Collateral or other security, or of any other action taken or refrained from being taken by Secured Party or any Lender against Debtor or any new agreement between or among Secured Party or one or more Lenders and Debtor, it being understood that except as expressly provided herein, neither Secured Party nor any Lender shall be required to give Debtor any notice of any kind under any QES Pledge and Security Agreement circumstances whatsoever with respect to or in connection with the Obligations including, without limitation, notice of acceptance of this Security Agreement or any Collateral ever delivered to or for the account of Secured Party hereunder; (viii) the illegality, invalidity, or unenforceability of all or any part of the Obligations against any party obligated with respect thereto by reason of the fact that the Obligations, or the interest paid or payable with respect thereto, exceeds the amount permitted by Law, the act of creating the Obligations, or any part thereof, is ultra vxxxx, or the officers, partners, or trustees creating same acted in excess of their authority, or for any other reason; or (ix) if any payment by any party obligated with respect thereto is held to constitute a preference under applicable Laws or for any other reason Secured Party or any Lender is required to refund such payment or pay the amount thereof to someone else.

Appears in 1 contract

Samples: Security Agreement (Quest Resource Corp)

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