Certain Rights and Obligations. (a) The Guarantors authorize the Agent and the Banks, without notice, demand or any reservation of rights against the Guarantors and without affecting the Guarantors’ obligations hereunder, from time to time: (i) to renew, extend, increase, accelerate or otherwise change the time for payment of, the terms of or the interest on the Indebtedness or any part thereof or grant other indulgences to the Debtor or others, and to otherwise modify the terms of the Loan Agreement and the other Loan Documents; (ii) to accept from any Person and hold collateral for the payment of the Indebtedness or any part thereof, and to modify, exchange, enforce or refrain from enforcing, or release, compromise, settle, waive, subordinate or surrender, with or without consideration, such collateral or any part thereof; (iii) to accept and hold any endorsement or guaranty of payment of the Indebtedness or any part thereof, and to discharge, release or substitute any such obligation of any such endorser or guarantor, or any Person who has given any security interest in any collateral as security for the payment of the Indebtedness or any part thereof, or any other Person in any way obligated to pay the Indebtedness or any part thereof, and to enforce or refrain from enforcing, or compromise or modify, the terms of any obligation of any such endorser, guarantor, or Person; (iv) to dispose of any and all collateral securing the Indebtedness in any manner as the Agent or the Banks, in their sole discretion, may deem appropriate, and to direct the order or manner of such disposition and the enforcement of any and all endorsements and guaranties relating to the Indebtedness or any part thereof as the Agent or the Banks in their sole discretion may determine; (v) except as otherwise provided in the Loan Agreement, to determine the manner, amount and time of application of payments and credits, if any, to be made on all or any part of any component or components of the Indebtedness (whether principal, interest, fees, costs, and expenses, or otherwise); and (vi) to take advantage or refrain from taking advantage of any security or accept or make or refrain from accepting or making any compositions or arrangements when and in such manner as the Agent or the Banks, in their sole discretion, may deem appropriate and generally do or refrain from doing any act or thing which might otherwise, at law or in equity, release the liability of Guarantors as a guarantor or surety in whole or in part, and...
Certain Rights and Obligations. (a) Each Guarantor acknowledges and agrees that Purchasers and Agent, for its benefit and as agent for the benefit of Purchasers, may, without notice, demand or any reservation of rights against such Guarantor and without affecting such Guarantor’s obligations hereunder, from time to time:
Certain Rights and Obligations. (a) Each Guarantor acknowledges and agrees that the Collateral Agent may, without notice, demand or any reservation of rights against such Guarantor and without affecting such Guarantor’s obligations hereunder, from time to time:
Certain Rights and Obligations. (a) Mortgagee may take such action as Mortgagee deems appropriate to protect the Premises or the status or priority of the lien of this Mortgage, including: entry upon the Premises to protect the Premises from deterioration or damage, or to cause the Premises to be put in compliance with any governmental, insurance rating or contract requirements; payment of amounts due on liens having priority over this Mortgage; payment of any tax or charge for purposes of assuring the priority or enforceability of this Mortgage; obtaining insurance on the Premises (including flood insurance); or commencement or defense of any legal action or proceeding to assess or protect the validity or priority of the lien of this Mortgage. On demand, Mortgagor shall reimburse Mortgagee for all expenses in taking any such action, with interest, and the amount thereof shall be secured by this Mortgage and shall, to the extent permitted by law, be in addition to the maximum amount of the Indebtedness evidenced by the Note.
Certain Rights and Obligations. Until the Borrower shall become a party to this Agreement or the Commitments are terminated:
Certain Rights and Obligations. (a) Mortgagee may take, but is not obligated to take, such action as Mortgagee deems appropriate to protect the Premises or the status or priority of the lien of this Mortgage, including, but not limited to: (i) entry upon the Premises to protect the Premises from deterioration or damage, or to cause the Premises to be put in compliance with any governmental, insurance rating or contract requirements; (ii) payment of amounts due on liens having priority over this Mortgage; (iii) payment of any tax or charge for purposes of assuring the priority or enforceability of this Mortgage; (iv) obtaining insurance on the Premises; (v) commencement or defense of any legal action or proceeding to assert or protect the validity or priority of the lien of this Mortgage; or (vi) reappraisal of the Premises, if required by policy, at Mortgagee’s expense unless an Event of Default is then occurring, in which case such appraisal shall be at Mortgagor’s expense. On demand, Mortgagor shall reimburse Mortgagee for all expenses in taking any such action, with interest, and the amount thereof shall be Indebtedness secured by this Mortgage and shall, to the extent permitted by law, be in addition to the maximum amount of the Indebtedness heretofore stated;
Certain Rights and Obligations. (a) To the extent permitted by applicable law, the Guarantor authorizes Agent, for its benefit and the benefit of Lenders, without notice, demand or any reservation of rights against the Guarantor and without affecting the Guarantor’s obligations hereunder, from time to time:
Certain Rights and Obligations. (a) The Guarantor acknowledges and agrees that the Secured Party may, without notice, demand or any reservation of rights against the Guarantor and without affecting the Guarantor’s obligations hereunder, from time to time:
Certain Rights and Obligations. (a) Subject to the terms and conditions set forth herein, each Guarantor acknowledges and agrees that Preferred Holder may, without notice, demand or make any reservation of rights against such Guarantor and without affecting such Guarantor’s obligations hereunder, from time to time, to do or refrain from doing any act or thing which might otherwise, at law or in equity, release the liability of each Guarantor as a guarantor or surety in whole or in part, and in no case shall Preferred Holder be responsible or shall any Guarantor be released either in whole or in part for any act or omission in connection with having sold any security at less than its value. Each Guarantor waives diligence, presentment, protest, marshaling, demand for payment, notice of dishonor, notice of default and notice of nonpayment to or upon the Issuer or any of the other Guarantors with respect to the Guaranteed Obligations.
Certain Rights and Obligations. OF PARTIES 13 Section 6.1 Operational Control of Gatherer’s Facilities 13 Section 6.2 Maintenance 14 Section 6.3 Capacity Allocations on the Disposal System 14 Section 6.4 Trucking 14 Section 6.5 Temporary Releases 15 ARTICLE 7 PRESSURES; PRODUCER’S FACILITIES; ELECTRICITY 16 Section 7.1 Pressures at Receipt Points 16 Section 7.2 Producer Facilities 16 Section 7.3 Electrical Facilities 16 ARTICLE 8 QUALITY 17 Section 8.1 Receipt Point Saltwater Quality Specifications 17 Section 8.2 Non-Spec Saltwater 17 ARTICLE 9 MEASUREMENT EQUIPMENT AND PROCEDURES 18 Section 9.1 Measurement Facilities 18 Section 9.2 Notice of Measurement Facilities Inspection and Calibration 18 Section 9.3 Measurement Accuracy Verification 18 SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***] Section 9.4 Special Tests 18 Section 9.5 Metered Flow Rates in Error 19 Section 9.6 Record Retention 19 Section 9.7 Measurement of Saltwater Collected by Truck 19 Section 9.8 Summary Measurement Reports 19 ARTICLE 10 NOTICES 19 Section 10.1 Notices 19 ARTICLE 11 INVOICES AND PAYMENTS 20 Section 11.1 Statements and Invoices 20 Section 11.2 Right to Suspend on Failure to Pay 21 Section 11.3 Audit Rights 21 Section 11.4 Payment Disputes 21 Section 11.5 Interest on Late Payments 21 Section 11.6 Excused Performance 21 ARTICLE 12 FORCE MAJEURE 22 Section 12.1 Suspension of Obligations 22 Section 12.2 Definition of Force Majeure 22 Section 12.3 Settlement of Strikes and Lockouts 22 Section 12.4 Payments for Services Performed 22 ARTICLE 13 INDEMNIFICATION 23 Section 13.1 Gatherer 23 Section 13.2 Producer 23 ARTICLE 14 CUSTODY AND TITLE 23 Section 14.1 Custody 23 Section 14.2 Producer Warranty 23 Section 14.3 Title 24 ARTICLE 15 TAXES 24 Section 15.1 Taxes 24 ARTICLE 16 MISCELLANEOUS 24 Section 16.1 Rights 24 Section 16.2 Applicable Laws 24 Section 16.3 Governing Law; Jurisdiction; Waiver of Jury Trial 24 Section 16.4 Successors and Assigns 25 Section 16.5 Severability 26 Section 16.6 Confidentiality 26 Section 16.7 Entire Agreement, Amendments and Waiver 27 Section 16.8 Limitation of Liability 27 Section 16.9 Headings 28 Section 16.10 Rights and Remedies 28 Section 16.11 No Partnership 28 SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTI...
