Alteration of Obligations. The Authority acknowledges and agrees that none of the following shall release, impair, reduce, diminish or otherwise affect any of its obligations under this Agreement: (a) any alteration, compromise, acceleration or extension of, or any change to, (i) the Tribe's or the Authority's obligations to complete the development, construction and equipping of the Facility and to commence operation thereof or (ii) the payment or performance by the Tribe or the Authority under any debt instrument or other financing, including without limitation the Secured Obligations secured hereby, for the development, construction, equipping or operation of the Facility (the foregoing, collectively, the "Facility Obligations"), in each case in such manner, upon such terms and at such times as any Person (including, without limitation, the Trustee or any Holder) (each such Person, an "Obligee") deems best, and without notice to the Authority; (b) the release of the Tribe or the Authority from any or all of the Facility Obligations by acceptance of a deed in lieu of foreclosure or otherwise, as to all or any portion of the Facility Obligations; (c) the release, substitution or addition of any one or more guarantors or endorsers of the Facility Obligations; (d) the acceptance of additional or substitute security for the Facility Obligations; or (e) the release or subordination of any security for the Facility Obligations. No exercise (including, without limitation, foreclosure of the Facility or any portion thereof) or non-exercise of any right under any document relating to the Facility Obligations (collectively, the "Obligation Documents") by an Obligee, no dealing by an Obligee hereunder or under any Obligation Document or any other document with the Authority, the Tribe or any other Person, and no change, impairment or release of all or any portion of the Facility Obligations or suspension of any right or remedy of an Obligee against any other Person, including, without limitation, the Tribe or any other such guarantor, endorser or other Person, shall in any way affect any of the obligations of the Authority hereunder or under any security furnished by the Authority or give the Authority any recourse against an Obligee (including, without limitation, the Trustee). If an Obligee has exculpated or hereafter exculpates the Tribe or the Authority from liability in whole or in part, or has agreed or hereafter agrees to look solely to the Facility or any other property for the satis...
Alteration of Obligations. In such manner, upon such terms and at such times as Lender deems best, and without notice to Guarantor, Lender may alter, compromise, accelerate, extend or change the time or manner for the payment or performance of any Obligations hereby guaranteed, increase or reduce the rate of interest of Xxxxxxxx's indebtedness, release Borrower, by acceptance of a deed in lieu of foreclosure or otherwise, as to all or any portion of the Obligations hereby guaranteed, release, substitute or add any one or more guarantors or endorsers, accept additional or substitute security therefor, or release or subordinate any security therefor. No exercise or non-exercise of any right hereby given to Lender, no dealing by Lender with Guarantor or any other guarantor, endorser of any note or any other person, and no change, impairment or release of all or any portion of the indebtedness of Borrower or suspension of any right or remedy of Lender against any person, including without limitation Borrower or any other such guarantor, endorser or other person, shall in any way affect any of the obligations of Guarantor hereunder or any security furnished by Guarantor or give Guarantor any recourse against Lender. If Xxxxxx has exculpated or hereafter exculpates Borrower from personal liability in whole or in part, or has agreed or hereafter agrees to look solely to any property encumbered by a deed of trust or any other property for the satisfaction of Xxxxxxxx's indebtedness, said exculpation and agreement shall not affect the obligations of Guarantor hereunder. Guarantor further acknowledges that if any such exculpation or agreement has been given or is hereafter given to Borrower, Lender has done so or shall be entitled to do so in reliance upon the covenants of Guarantor contained herein.
Alteration of Obligations. In such manner, upon such terms and at such times as Investor and Borrower deem best and without notice to Guarantor, Investor and Borrower may alter, compromise, accelerate, extend, renew or change the time or manner for the payment of any Obligation, increase or reduce the rate of interest on the Note, release Borrower, as to all or any portion of the Obligations, release, substitute or add any one or more guarantors or endorsers, accept additional or substituted security therefor, or release or subordinate any security therefor. No exercise or non-exercise by Investor of any right available to Investor, no dealing by Investor with Guarantor or any other guarantor, endorser of the note or any other person, and no change, impairment or release of all or a portion of the obligations of Borrower under any of the Transaction Documents or suspension of any right or remedy of Investor against any person, including, without limitation, Borrower and any other such guarantor, endorser or other person, shall in any way affect any of the obligations of Guarantor hereunder or any security furnished by Guarantor or give Guarantor any recourse against Investor. Guarantor acknowledges that his obligations hereunder are independent of the obligations of Borrower.
Alteration of Obligations. Upon such terms and at such times as it deems best and without notice to Guarantors, Tenant may (a) alter, compromise, modify, accelerate, extend or change the time or manner for payment or performance of any of the Obligations, (b) release or discharge Landlord, as to all or any portion of the Obligations, and/or (d) release, substitute or add any one or more guarantors or endorsers, accept additional or substituted security for payment or performance of any Obligation, or release or subordinate any security therefor, whether or not Tenant shall have resorted to any property securing the Obligations or shall have proceeded against Landlord or any party primarily or secondarily liable for the Obligations. No exercise, delay in exercise or non-exercise by Tenant of any rights hereby given it, no dealing by Tenant with Landlord, any guarantor, indemnitor, endorser or other person, no change, impairment or suspension of any right or remedy of Tenant, and no other act or thing which but for this provision could act as a release or exoneration of the liabilities of any of Guarantors hereunder, shall in any way affect, decrease, diminish or impair any of the obligations of any of Guarantors hereunder or give any of Guarantors or any other person or entity any recourse or defense against Tenant.
Alteration of Obligations. In such manner, upon such terms and at such times as Investor and HPGS deem best and without notice to Guarantor, Investor and HPGS may alter, compromise, accelerate, extend, renew or change the time or manner for the payment of any Obligation, increase or reduce the rate of interest on the Note, release HPGS, as to all or any portion of the Obligations, release, substitute or add any one or more guarantors or endorsers, accept additional or substituted security therefor, or release or subordinate any security therefor. No exercise or non-exercise by Investor of any right available to Investor, no dealing by Investor with Guarantor or any other guarantor, endorser of the note or any other person, and no change, impairment or release of all or a portion of the obligations of HPGS under any of the Transaction Documents or suspension of any right or remedy of Investor against any person, including, without limitation, HPGS and any other such guarantor, endorser or other person, shall in any way affect any of the obligations of Guarantor hereunder or any security furnished by Guarantor or give Guarantor any recourse against Investor. Guarantor acknowledges that its obligations hereunder are independent of the obligations of HPGS.
Alteration of Obligations. ................................................16 17. Obligations Absolute; Waiver.................................................17 18. Place of Business; Location of Records.......................................19 19. Continuing Assignment and Security Interest; Transfer of Guaranty............19 20.
Alteration of Obligations. In such manner, upon such terms and at such times as Investor and CBAI deem best and without notice to Guarantors, Investor and CBAI may alter, compromise, accelerate, extend, renew or change the time or manner for the payment of any Obligation, increase or reduce the rate of interest on the Note, release CBAI, as to all or any portion of the Obligations, release, substitute or add any one or more guarantors or endorsers, accept additional or substituted security therefor, or release or subordinate any security therefor. No exercise or non-exercise by Investor of any right available to Investor, no dealing by Investor with Guarantors or any other guarantor, endorser of the Note or any other person, and no change, impairment or release of all or a portion of the obligations of CBAI under any of the Transaction Documents or suspension of any right or remedy of Investor against any person, including, without limitation, CBAI and any other such guarantor, endorser or other person, shall in any way affect any of the obligations of Guarantors hereunder or any security furnished by Guarantors or give Guarantors any recourse against Investor. Each Guarantor acknowledges that its obligations hereunder are independent of the obligations of CBAI.
Alteration of Obligations. ..........................................................xvii 17. Obligations Absolute; Waiver..........................................................xviii 18. Place of Business; Location of Records...................................................xx 19. Continuing Assignment and Security Interest; Transfer of Guaranty........................xx 20. Termination of Security Interest.........................................................xx 21. Reinstatement............................................................................xx 22. Trustee's Duties; Reasonable Care.......................................................xxi 23. Survival of Provisions..................................................................xxi 24. Miscellaneous...........................................................................xxi PLEDGE AND SECURITY AGREEMENT (TRIBAL UCC) This PLEDGE AND SECURITY AGREEMENT (TRIBAL UCC), dated as of October 8, 2002 (as amended, supplemented, restated or otherwise modified from time to time, this "Agreement"), is entered into by and among the Chukchansi Economic Development Authority (the "Authority"), a wholly owned unincorporated enterprise of The Picayune Rancheria of Chukchansi Indians of California (the "Tribe"), the Tribe (solely with respect to its obligations under Section 15) and U.S. Bank, N.A., a national banking association, as trustee under the Indenture referred to below (together with its successors and assigns from time to time under the Indenture, the "Trustee"), for the benefit of the holders from time to time (the "Holders") of the Senior Notes (as defined below).
Alteration of Obligations. In such manner, upon such terms and at such times as the Company deems best, and without notice to HET or HOCI, the Company may (i) alter, compromise, accelerate, extend or change the time or manner for the payment or performance of any of the Manager Obligations, (ii) release the Manager as to all or any portion of the Manager Obligations, (iii) release, substitute or add any one or more guarantors or endorsers, (iv) accept security or substitute security therefor, or (v) release or subordinate any security therefor. No exercise or non-exercise of any right hereby given to the Company, no dealing by the Company with HET, HOCI or any other guarantor, or any other person, and no change, impairment or release of all or any portion of the Manager Obligations or suspension of any right or remedy of the Company against any person, including without limitation the Manager or any guarantor, endorser or other person, shall in any way affect any of the Guarantor Obligations or any security furnished by HET or HOCI or give HET or HOCI any recourse against the Company. If the Company has exculpated or hereafter exculpates the Manager from personal liability in whole or in part, said exculpation and agreement shall not affect the Guarantor Obligations. Each of HET and HOCI further acknowledges that any such exculpation or agreement that has been given or that is hereafter given to the Manager has been given or is given in reliance upon the covenants of HET or HOCI contained herein.
Alteration of Obligations. No provision of this Guaranty shall be construed to amend the Obligations or to relieve Shareholder of any obligations thereunder.
