Common use of Amendments, Etc. With Respect to the Obligations Clause in Contracts

Amendments, Etc. With Respect to the Obligations. The Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against the Guarantor, and without notice to or further assent by the Guarantor, any demand for payment of any of the obligations made by any Buyer Party may be rescinded by such Buyer Party, and any of the obligations guaranteed hereunder continued, and the obligations guaranteed hereunder, or the liability of any other party upon or for any part thereof, or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer Parties, and the Stock Purchase Agreement may be amended, modified, supplemented or terminated, in whole or in part, as the Buyer Parties may deem advisable from time to time, and any guarantee or right of offset at any time held by the Buyer Parties for the payment of the obligations guaranteed hereunder may be sold, exchanged, waived, surrendered or released.

Appears in 1 contract

Samples: Hilfiger Tommy Corp

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Amendments, Etc. With Respect to the Obligations. The Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against the Guarantor, any Guarantor and without notice to or further assent by the any Guarantor, any demand for payment of any of the obligations Obligations made by any Buyer Party Vanco may be rescinded by such Buyer Party, Vanco and any of the obligations guaranteed hereunder Obligations continued, and the obligations guaranteed hereunderObligations, or the liability of any other party Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer PartiesVanco, and the Stock Purchase Agreement and the Debenture and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Buyer Parties Vanco may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Buyer Parties Vanco for the payment of the obligations guaranteed hereunder Obligations may be sold, exchanged, waived, surrendered or released. Vanco shall have no obligation to protect, secure, perfect or insure any Lien at any time held by them as security for the Obligations or for the guarantee contained in this Section 2 or any property subject thereto.

Appears in 1 contract

Samples: Subsidiary Guarantee (Capital Growth Systems Inc /Fl/)

Amendments, Etc. With Respect to the Obligations. The Guarantor Parent shall remain obligated hereunder notwithstanding that, without any reservation of rights against the Guarantor, Parent and without notice to or further assent by the GuarantorParent, any demand for payment of any of the obligations Obligations made by any Buyer Party the Lenders may be rescinded by such Buyer Party, the Lenders and any of the obligations guaranteed hereunder Obligations continued, and the obligations guaranteed hereunderObligations, or the liability of any other party Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer PartiesLenders, and the Stock Purchase Loan Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Buyer Parties Lenders may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Buyer Parties Lenders for the payment of the obligations guaranteed hereunder Obligations may be sold, exchanged, waived, surrendered or released. The Lenders shall have no obligation to protect, secure, perfect or insure any Lien at any time held by them as security for the Obligations or for the guarantee contained in this Section 2 or any property subject thereto.

Appears in 1 contract

Samples: Appliedtheory Corp

Amendments, Etc. With Respect to the Obligations. The To the fullest extent permitted by applicable law, the Parent Guarantor shall remain obligated hereunder under this guarantee notwithstanding that, without any reservation of rights against the Guarantor, Parent Guarantor and without notice to or further assent by the Parent Guarantor, any demand for payment of any of the obligations Obligations made by the Administrative Agent or any Buyer Party Lender, may be rescinded by the Administrative Agent or such Buyer Party, Lender and any of the obligations guaranteed hereunder Obligations continued, and the obligations guaranteed hereunder, Obligations or the liability of any other party Person upon or for any part thereof, or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer PartiesAdministrative Agent or any Lender, and the Stock Purchase this Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, in accordance with Section 10.01, as the Buyer Parties Administrative Agent (or the Required Lenders or all Lenders, as the case may be) may deem advisable from time to time, and any guarantee or right of offset at any time held by the Buyer Parties Administrative Agent or any Lender for the payment of the obligations guaranteed hereunder Obligations may be sold, exchanged, waived, surrendered or releasedreleased without affecting the Parent Guarantor’s obligations under this Article XI.

Appears in 1 contract

Samples: Credit Agreement (Ferguson PLC)

Amendments, Etc. With Respect to the Obligations. The Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against the Guarantor, any Guarantor and without notice to or further assent by the any Guarantor, any demand for payment of any of the obligations Obligations made by the Administrative Agent or any Buyer Party Lender may be rescinded by the Administrative Agent or such Buyer Party, Lender and any of the obligations guaranteed hereunder Obligations continued, and the obligations guaranteed hereunderObligations, or the liability of any other party Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer Partiesreleased, and the Stock Purchase Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Buyer Parties may deem advisable from time to timefor any reason whatsoever, and any collateral security, guarantee or right of offset at any time held by the Buyer Parties Administrative Agent or any Lender for the payment of the obligations guaranteed hereunder Obligations may be sold, exchanged, waived, surrendered or released.

Appears in 1 contract

Samples: Guarantee Agreement (Neustar Inc)

Amendments, Etc. With Respect to the Obligations. The Guarantor Holdings shall remain obligated hereunder under this Section 9 notwithstanding that, without any reservation of rights against the GuarantorHoldings, and without notice to or further assent by the GuarantorHoldings, any demand for payment of or reduction in the amount of any of the obligations Obligations made by the Administrative Agent or any Buyer Party Lender may be rescinded by the Administrative Agent or such Buyer PartyLender, and any of the obligations guaranteed hereunder Obligations continued, and the obligations guaranteed hereunderObligations, or the liability of any other party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer PartiesAdministrative Agent or any Lender, and the Stock Purchase Agreement this Agreement, any other Credit Document, and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Buyer Parties Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Buyer Parties Administrative Agent or any Lender for the payment of the obligations guaranteed hereunder Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Obligations or for the guarantee contained in this Section 9 or any property subject thereto.

Appears in 1 contract

Samples: Credit Agreement (Hilfiger Tommy Corp)

Amendments, Etc. With Respect to the Obligations. The Guarantor Borrower and each Designated Borrower shall remain obligated hereunder notwithstanding that, without any reservation of rights against the Guarantor, Borrower or such Designated Borrower and without notice to or further assent by the GuarantorBorrower or such Designated Borrower, any demand for payment of any of the obligations Obligations made by any Buyer Party Agent or any Lender may be rescinded by such Buyer Party, Agent or such Lender and any of the obligations guaranteed hereunder Obligations continued, and the obligations guaranteed hereunderObligations, or the liability of any other party Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer Partiesany Agent or any Lender, and this Agreement and the Stock Purchase Agreement other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Buyer Parties Administrative Agent (or the Required Lenders or all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Buyer Parties any Agent or any Lender for the payment of the obligations guaranteed hereunder Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent, nor any Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Obligations or for the guarantee contained in this Article or any property subject thereto.

Appears in 1 contract

Samples: Credit Agreement (Saratoga Resources Inc /Tx)

Amendments, Etc. With Respect to the Obligations. The Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against the Guarantor, any Guarantor and without notice to or further assent by the any Guarantor, any demand for payment of any of the obligations Obligations made by Notes Agent or any Buyer Party Purchaser may be rescinded by Notes Agent or such Buyer Party, Purchaser and any of the obligations guaranteed hereunder Obligations continued, and the obligations guaranteed hereunderObligations, or the liability of any other party Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer PartiesNotes Agent, Collateral Agent or any Purchaser, and this Agreement, the Stock Purchase Agreement other Note Documents and any other documents executed and delivered in connection herewith or therewith may be amended, modified, supplemented or terminated, in whole or in part, as Notes Agent (acting at the Buyer Parties direction of the Majority Purchasers or all Purchasers, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Buyer Parties Collateral Agent or Notes Agent or any Purchaser for the payment of the obligations guaranteed hereunder Obligations may be sold, exchanged, waived, surrendered or released. Neither Notes Agent, Collateral Agent nor any Purchaser shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Obligations or for the Guarantee contained in this SECTION 13 or any property subject thereto.

Appears in 1 contract

Samples: Note Purchase Agreement (Property Solutions Acquisition Corp.)

Amendments, Etc. With Respect to the Obligations. The Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against the Guarantor, any Guarantor and without notice to or further assent by the any Guarantor, any demand for payment of any of the obligations Obligations made by the Administrative Agent or any Buyer Party Lender may be rescinded by the Administrative Agent or such Buyer Party, Lender and any of the obligations guaranteed hereunder Obligations continued, and the obligations guaranteed hereunderObligations, or the liability of any other party Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer PartiesAdministrative Agent or any Lender, and this Agreement and the Stock Purchase Agreement other Loan Documents and any other documents executed and delivered in connection herewith or therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Buyer Parties Administrative Agent (or the Required Lenders or all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Buyer Parties Administrative Agent or any Lender for the payment of the obligations guaranteed hereunder Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Obligations or for the guarantee contained in this Section 11 or any property subject thereto.

Appears in 1 contract

Samples: Credit and Guarantee Agreement

Amendments, Etc. With Respect to the Obligations. The Borrower and each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against the Guarantor, Borrower or such Guarantor and without notice to or further assent by the Borrower or such Guarantor, any demand for payment of any of the obligations Obligations made by any Buyer Party Agent or any Lender may be rescinded by such Buyer Party, Agent or such Lender and any of the obligations guaranteed hereunder Obligations continued, and the obligations guaranteed hereunderObligations, or the liability of any other party Person upon or for any part thereof, or any collateral security or guarantee therefor �herefore or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer Partiesany Agent or any Lender, and this Agreement and the Stock Purchase Agreement other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Buyer Parties Administrative Agent (or the Required Lenders or all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Buyer Parties any Agent or any Lender for the payment of the obligations guaranteed hereunder Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent, nor any Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Obligations or for the guarantee contained in this Article or any property subject thereto.

Appears in 1 contract

Samples: Credit Agreement (Saratoga Resources Inc /Tx)

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Amendments, Etc. With Respect to the Obligations. The To the fullest extent permitted by applicable law, the Parent Guarantor shall remain obligated hereunder under this guarantee notwithstanding that, without any reservation of rights against the Guarantor, Parent Guarantor and without notice to or further assent by the Parent Guarantor, any demand for payment of any of the obligations Obligations made by the Administrative Agent or any Buyer Party Lender, may be rescinded by the Administrative Agent or such Buyer Party, Lender and any of the obligations guaranteed hereunder Obligations continued, and the obligations guaranteed hereunder, Obligations or the liability of any other party Person upon or for any part thereof, or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer PartiesAdministrative Agent or any Lender, and the Stock Purchase this Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, in accordance with Section 9.02, as the Buyer Parties Administrative Agent (or the Required Lenders or all Lenders, as the case may be) may deem advisable from time to time, and any guarantee or right of offset at any time held by the Buyer Parties Administrative Agent or any Lender for the payment of the obligations guaranteed hereunder Obligations may be sold, exchanged, waived, surrendered or released.released without affecting the Parent Guarantor’s obligations under this Article X.

Appears in 1 contract

Samples: Credit Agreement (Baker Hughes Holdings LLC)

Amendments, Etc. With Respect to the Obligations. The To the fullest extent permitted by applicable law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against the Guarantor, any Guarantor and without notice to or further assent by the any Guarantor, any demand for payment of any of the obligations Obligations made by the Administrative Agent or any Buyer Party Lender may be rescinded by the Administrative Agent or such Buyer Party, Lender and any of the obligations guaranteed hereunder Obligations continued, and the obligations guaranteed hereunderObligations, or the liability of any other party Person upon or for any part thereof, or any guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer PartiesAdministrative Agent or any Lender, and the Stock Purchase Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Buyer Parties Administrative Agent (or the Required Lenders or all Lenders, as the case may be) may deem reasonably advisable from time to time, and any guarantee or right of offset at any time held by the Buyer Parties Administrative Agent or any Lender for the payment of the obligations guaranteed hereunder Obligations may be sold, exchanged, waived, surrendered or released.

Appears in 1 contract

Samples: Guarantee Agreement (Constellation Brands, Inc.)

Amendments, Etc. With Respect to the Obligations. The Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against the Guarantor, any Guarantor and without notice to or further assent by the any Guarantor, any demand for payment of any of the obligations Obligations made by the Administrative Agent or any Buyer Party Lender may be rescinded by the Administrative Agent or such Buyer Party, Lender and any of the obligations guaranteed hereunder Obligations continued, and the obligations guaranteed hereunderObligations, or the liability of any other party Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer PartiesAdministrative Agent or any Lender, and the Stock Purchase Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Buyer Parties may deem advisable from time to timein accordance with their respective terms, and any collateral security, guarantee or right of offset at any time held by the Buyer Parties Administrative Agent or any Lender for the payment of the obligations guaranteed hereunder Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Obligations or for the guarantee contained in this Section 2 or any property subject thereto.

Appears in 1 contract

Samples: Guarantee and Collateral Agreements (Thompson Creek Metals CO Inc.)

Amendments, Etc. With Respect to the Obligations. The To the extent permitted by applicable law, each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against the Guarantor, any Guarantor and without notice to or further assent by the any Guarantor, any demand for payment of any of the obligations Obligations made by the Administrative Agent or any Buyer Party Lender may be rescinded by the Administrative Agent or such Buyer Party, Lender and any of the obligations guaranteed hereunder Obligations continued, and the obligations guaranteed hereunderObligations, or the liability of any other party Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer PartiesAdministrative Agent or any Lender, and this Agreement and the Stock Purchase Agreement other Loan Documents and any other documents executed and delivered in connection herewith or therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Buyer Parties Administrative Agent (or the Requisite Lenders or all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Buyer Parties Administrative Agent or any Lender for the payment of the obligations guaranteed hereunder Obligations may be sold, exchanged, waived, surrendered or released. To the extent permitted by applicable law, neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Obligations or for the guarantee contained in this Article XI or any property subject thereto.

Appears in 1 contract

Samples: And Guarantee Agreement (Us Concrete Inc)

Amendments, Etc. With Respect to the Obligations. The Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against the Guarantor, any Guarantor and without notice to or further assent by the any Guarantor, any demand for payment of any of the obligations Obligations made by any Buyer Secured Party may be rescinded by such Buyer Party, Secured Party and any of the obligations guaranteed hereunder Obligations continued, and the obligations guaranteed hereunderObligations, or the liability of any other party Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, increased, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Buyer Partiesany Secured Party, and the Stock Purchase Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith or with any of the other Obligations may be amended, modified, supplemented or terminated, in whole or in part, as the Buyer Parties Administrative Agent (or the Required Lenders under the Credit Agreement or all Lenders, as the case may be or, in the case of Secured Hedge Agreements or Secured Cash Management Agreements, the counterparties thereto) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Buyer Parties any Secured Party for the payment of the obligations guaranteed hereunder Obligations may be sold, exchanged, waived, surrendered or released. No Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Obligations or for the guarantee contained in this Article 2 or any property subject thereto.

Appears in 1 contract

Samples: Credit Agreement (Post Holdings, Inc.)

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