Common use of With Respect to the Obligations Clause in Contracts

With Respect to the Obligations. Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Obligations made by the Purchasers may be rescinded by the Purchasers and any of the Obligations continued, and the Obligations, or the liability of any other Person upon or for any part thereof, or any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 Purchasers, and the Purchase Agreement and the other Transaction 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 Purchasers may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Purchasers for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. The Purchasers 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 17 contracts

Samples: Security Agreement (China Expert Technology Inc), Subsidiary Guarantee (Ecotality, Inc.), Subsidiary Guarantee (Intraop Medical Corp)

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With Respect to the Obligations. Each Guarantor WAIVER OF RIGHTS. The Pledgor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor the Pledgor and without notice to or further assent by any Guarantorthe Pledgor, any demand for payment of any of the Obligations made by the Purchasers Lender may be rescinded by the Purchasers such party and any of the Obligations continued, and the Obligations, or the liability of any other Person party upon or for any part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 PurchasersLender, and the Purchase Agreement and Credit Agreement, the other Transaction Documents 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 Purchasers Lender may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Purchasers Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. The Purchasers Neither the Lender shall have no any obligation to protect, secure, perfect or insure any Lien at any time held by them it as security for the Obligations or for the guarantee contained in this Section 2 Pledge Agreement or any property subject thereto.

Appears in 2 contracts

Samples: Pledge Agreement (American Country Holdings Inc), Pledge Agreement (American Country Holdings Inc)

With Respect to the Obligations. Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Obligations made by the Purchasers may be rescinded by the Purchasers and any of the Obligations continued, and the Obligations, or the liability of any other 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 Purchasers, and the Purchase Subscription Agreement and the other Transaction 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 Purchasers may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Purchasers for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. The Purchasers 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 (Technoconcepts, Inc.)

With Respect to the Obligations. Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Obligations made by the Purchasers Lender may be rescinded by the Purchasers Lender and any of the Obligations continued, and the Obligations, or the liability of any other 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 PurchasersLender, and the Purchase Bridge Loan Agreement and the other Transaction 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 Purchasers Lender may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Purchasers Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. The Purchasers Lender 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 (Sonoma College Inc)

With Respect to the Obligations. Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor such Guarantor, and without notice to or further assent by any such Guarantor, any demand for payment of any of the Obligations made by the Purchasers Agent or any Bank may be rescinded by the Purchasers Agent or such Bank, and any of the Obligations continued, and the Obligations, or the liability of any other 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 PurchasersAgent or any Bank, and the Purchase Agreement and the Credit Agreement, any Note, any other Transaction Documents Credit Document, any Letter of Credit, any Acceptance and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Purchasers Banks (or the Required Banks, 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 Purchasers Agent or any Bank for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. The Purchasers Neither the Agent nor any Bank shall have no any obligation to protect, secure, perfect or insure any Lien at any time held by them it as security for the Obligations or for the guarantee contained in this Section 2 Guarantee or any property subject thereto.

Appears in 1 contract

Samples: Subsidiaries Guarantee (Department 56 Inc)

With Respect to the Obligations. Each ------------------------------------------------ Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Obligations made by the Purchasers Investor may be rescinded by the Purchasers Investor and any of the Obligations continued, and the Obligations, or the liability of any other 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 PurchasersInvestor, and the Purchase Exchange Agreement and the other Transaction 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 Purchasers Investor may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Purchasers Investor for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. The Purchasers Investor 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: Assumption Agreement (Constellation 3d Inc)

With Respect to the Obligations. Each The Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any the Guarantor and without notice to or further assent by any the Guarantor, any demand for payment of any of the Obligations made by the Purchasers Lenders may be rescinded by the Purchasers Lenders and any of the Obligations continued, and the Obligations, or the liability of any other 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 PurchasersLenders, and the Purchase Agreement and the other Transaction 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 Purchasers Lenders may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Purchasers Lenders for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. The Purchasers 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: Guarantee (New Harvest Capital Corp)

With Respect to the Obligations. Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Obligations made by the Purchasers Holder may be rescinded by the Purchasers Holder and any of the Obligations continued, and the Obligations, or the liability of any other Person 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 PurchasersHolder, and the Purchase Debentures, the Loan Agreement and the other Transaction 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 Purchasers Holder may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Purchasers Holder for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. The Purchasers Holder 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: Assumption Agreement (Cover All Technologies Inc)

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With Respect to the Obligations. Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Obligations made by the Purchasers Purchaser may be rescinded by the Purchasers Purchaser and any of the Obligations continued, and the Obligations, or the liability of any other 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 PurchasersPurchaser, and the Purchase Agreement and the other Transaction 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 Purchasers Purchaser may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Purchasers Purchaser for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. The Purchasers Purchaser 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 (Universal Energy Corp.)

With Respect to the Obligations. Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Obligations made by the Purchasers Lenders may be rescinded by the Purchasers Lenders and any of the Obligations continued, and the Obligations, or the liability of any other 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 PurchasersLenders, and the Purchase Loan Agreement and the other Transaction 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 Purchasers Lenders may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Purchasers Lenders for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. The Purchasers 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

With Respect to the Obligations. Each The Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any the Guarantor and without notice to or further assent by any the Guarantor, any demand for payment of any of the Obligations made by the Purchasers Loan Agent or any Lender may be rescinded by the Purchasers Loan Agent or such Lender and any of the Obligations continued, and the Obligations, or the liability of any other 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 PurchasersLoan Agent or any Lender, and the Purchase Agreement and the other Transaction 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 Purchasers Loan 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 Purchasers Loan Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. The Purchasers Neither the Loan Agent nor any Lender shall have no any obligation to protect, secure, perfect or insure any Lien at any time held by them it as security for the Obligations or for the guarantee contained in this Section 2 8.3 or any property subject thereto.

Appears in 1 contract

Samples: Loan Agreement (Us Airways Group Inc)

With Respect to the Obligations. Each The Guarantor shall remain obligated hereunder under this Guarantee notwithstanding that, without any reservation of rights against any the Guarantor and without notice to or further assent by any the Guarantor, any demand for payment of or reduction in the principal amount of any of the Obligations made by the Purchasers Agent or any Lender may be rescinded by the Purchasers and Agent or such Lender, any of the Obligations may be continued, and the Obligations, or the liability of any other Person party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset set-off or compensation with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, increased, modified, accelerated, compromised, waived, surrendered or released by the PurchasersAgent or any Lender, and the Purchase Agreement and this Guarantee or any of the other Transaction Operative 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 Purchasers Agent or the Lenders may deem advisable from time to time, and or any Lien, collateral security, guarantee or right of offset set-off or compensation at any time held by the Purchasers Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. The Purchasers Neither the Agent nor any Lender shall have no any obligation to protect, secure, perfect or insure notify the Guarantor in that regard and the Guarantee shall remain in force and binding upon the Guarantor even if the Guarantor is not notified of any Lien at any time held by them as security for of the Obligations or for the guarantee contained in this Section 2 or any property subject theretoforegoing.

Appears in 1 contract

Samples: Credit Agreement (Perkins Papers LTD)

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