Application of Payments or Recoveries. With or without notice to Guarantor, Lender, in Lender's sole discretion, at any time and from time to time, and in such manner and upon such terms as Lender deems fit, may (a) apply any or all payments or recoveries from Borrower or from any other guarantor or endorser under any other instrument or realized from any security, in such manner and order of priority as Lender may determine, to any Obligations of Borrower to Lender, whether or not such indebtedness is guaranteed hereby or is otherwise secured or is due at the time of such application, and (b) refund to Borrower any payment received by Lender upon any Obligations hereby guaranteed, and payment of the amount refunded shall be fully guaranteed hereby.
Application of Payments or Recoveries. With or without notice to Guarantors, Investor, in Investor’s sole discretion and at any time and from time to time and in such manner and upon such terms as Investor deems fit, may (a) apply any or all payments, conversions or recoveries from CBAI or from any other guarantor or endorser under any other instrument or realized from any security, in such manner and order of priority as Investor may determine, to any indebtedness, liability or obligation of CBAI owed to Investor, whether or not such indebtedness, liability or obligation is guaranteed hereby or is otherwise secured or is due at the time of such application; and (b) refund to CBAI any payment received by Investorin connection with any Obligation and payment of the amount refunded shall be fully guaranteed hereby.
Application of Payments or Recoveries. With or without notice to Guarantor, Lender, in Xxxxxx’s sole discretion and at any time and from time to time and in such manner and upon such terms as Lender deems fit, may (a) apply any or all payments or recoveries from Borrower or from any other guarantor or endorser under any other instrument or realized from any security, in such manner and order of priority as Lender may determine, to any indebtedness, liability or obligation of Borrower owed to Lender, whether or not such indebtedness, liability or obligation is guaranteed hereby or is otherwise secured or is due at the time of such application; and (b) refund to Borrower any payment received by Lender in connection with any Obligation and payment of the amount refunded shall be fully guaranteed hereby.
Application of Payments or Recoveries. With or without notice to Guarantor, Investor, in Investor’s sole discretion and at any time and from time to time and in such manner and upon such terms as Investor deems fit, may (a) apply any or all payments or recoveries from HPGS or from any other guarantor or endorser under any other instrument or realized from any security, in such manner and order of priority as Investor may determine, to any indebtedness, liability or obligation of HPGS owed to Investor, whether or not such indebtedness, liability or obligation is guaranteed hereby or is otherwise secured or is due at the time of such application; and (b) refund to HPGS any payment received by Investor in connection with any Obligation and payment of the amount refunded shall be fully guaranteed hereby.
Application of Payments or Recoveries. With or without notice to Guarantor, Lender, in Lender's sole discretion and at any time and from time to time and in such manner and
Application of Payments or Recoveries. Subject to the applicable provisions of this Completion Guarantee and the terms of the COC, with or without notice to either Completion Guarantor, the LGCB, in its sole discretion, at any time and from time to time, and in such manner and upon such terms as the LGCB deems fit, may (a) apply any or all payments or recoveries from the Company or from any other guarantor or endorser under any other instrument, in such manner and order of priority as the LGCB may determine, to any of the COC Obligations, whether or not such indebtedness is due at the time of such application, and (b) refund to the Completion Guarantors any payment received by the LGCB upon any Obligations, and, if such refund is made, payment of the amount refunded shall be fully guaranteed hereby.
Application of Payments or Recoveries. Subject to the applicable provisions of this Completion Guarantee and the terms of the Lease and the GDA, with or without notice to either Completion Guarantor, the Landlord, in its sole discretion, at any time and from time to time, and in such manner and upon such terms as the Landlord deems fit, may apply any or all payments or recoveries from the Company or from any other guarantor or endorser under any other instrument, in such manner and order of priority as the Landlord may determine, to any of the Lease Obligations, whether or not such indebtedness is due at the time of such application.
Application of Payments or Recoveries. With or without notice to the ------------------------------------- Obligor, the Trustee, in the Trustee's sole discretion, at any time and from time to time, and in such manner and upon such terms as the Trustee deems fit, may apply any or all payments or recoveries from the Company or from any guarantor, endorser or person under any other instrument or realized from any security, in such manner and order of priority as the Trustee may determine, to any obligations of the Company, whether or not such indebtedness is otherwise secured or is due at the time of such application.
Application of Payments or Recoveries. Subject to the applicable provisions of this Completion Guarantee and the terms of the Credit Agreement and the Shared Security Documents, with or without notice to either Completion Guarantor, the Administrative Agent, in its sole discretion, at any time and from time to time, and in such manner and upon such terms as the Administrative Agent deems fit, may apply any or all payments or recoveries from the Company or from any other guarantor or endorser under any other instrument or realized from any security, in such manner and order of priority as the Administrative Agent may determine, to any of the Credit Documents Obligations, whether or not such indebtedness is secured or is due at the time of such application.
Application of Payments or Recoveries. Subject to the applicable provisions of this Completion Guarantee and the terms of the Indentures, with or without notice to either Completion Guarantor, the Trustee, in its sole discretion, at any time and from time to time, and in such manner and upon such terms as the Trustee deems fit, may apply any or all payments or recoveries from the Company or from any other guarantor or endorser under any other instrument or realized from any security, in such manner and order of priority as the Trustee may determine, to any of the Notes Obligations, whether or not such indebtedness is secured or is due at the time of such application.
