Common use of 4Amendments, etc Clause in Contracts

4Amendments, etc. with respect to the Secured 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to or further assent by any Guarantor, any demand for payment of any of the Secured Obligations made by Lender may be rescinded by Lender and any of the Secured Obligations continued, and the Secured Obligations, or the liability of any other Person upon or for any part thereof, or any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 Lender, and the 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 Lender may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by Lender for the payment of the Secured Obligations may be sold, exchanged, waived, surrendered or released. Lender shall not have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Secured Obligations or for the guarantee contained in this Section 2 or any property subject thereto.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (ReShape Lifesciences Inc.), Guarantee and Collateral Agreement (ReShape Lifesciences Inc.)

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4Amendments, etc. with respect to the Secured 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for payment of any of the Secured Obligations made by Lender the Administrative Agent or any other Secured Party may be rescinded by Lender the Administrative Agent or such other Secured Party and any of the Secured Obligations continued, and the Secured Obligations, or the liability of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 Lenderthe Administrative Agent or any other Secured Party, and the Credit Agreement and Agreement, the other Loan Documents Documents, the Secured Hedge Agreements, the Cash Management Obligations and any other documents executed and delivered in connection therewith with any of the foregoing may be amended, modified, supplemented or terminated, in whole or in part, as Lender the Administrative Agent (or the Required Lenders or all Lenders, as the case may be) or other applicable Secured Parties may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by Lender the Administrative Agent or any other Secured Party for the payment of the Secured Obligations may be sold, exchanged, waived, surrendered or released. Lender Except as otherwise specifically required pursuant to Section 7.2, neither the Administrative Agent nor any other Secured Party shall not have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Secured Obligations or for the guarantee contained in this Section 2 or any property subject thereto.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement

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4Amendments, etc. with respect to the Secured Obligations. Each To the fullest extent permitted by applicable law, each Guarantor acknowledges and agrees that until the Collateral Termination Date no change in the nature or terms of the Obligations or any of the Credit Documents, or other agreements, instruments or contracts evidencing, related to or attendant with the Obligations (including any novation), including, without limitation, the taking of further security for the Obligations, shall discharge all or any part of the liabilities and obligations of such Guarantor pursuant to this guarantee, and 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 Secured Obligations made by the Administrative Agent or any other Lender Party may be rescinded by the Administrative Agent or such other Lender Party and any of the Secured Obligations continued, and the Secured 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 Lenderthe Administrative Agent or any other Lender Party, and the Credit Agreement and the other Loan Credit Documents and any other documents executed and delivered in connection therewith may be be, amended, modified, supplemented or terminated, in whole or in part, as Lender may deem advisable from time to timein accordance with the terms thereof, and any collateral security, guarantee or right of offset set-off at any time held by the Administrative Agent or any other Lender Party for the payment of the Secured Obligations may be sold, exchanged, waived, surrendered or released. Except for the obligation to use reasonable care with respect to any Collateral in its custody pursuant to the terms hereof, neither the Administrative Agent nor any other Lender Party shall not have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Secured Obligations or for the guarantee contained in this Section 2 or any property subject thereto. Without limiting the generality of the foregoing, each Guarantor agrees that until the Collateral Termination Date, such Guarantor’s undertakings hereunder shall not be released, in whole or in part, by any action or thing which might, but for this paragraph, be deemed a legal or equitable discharge of a surety or guarantor, or by reason of any waiver, omission of the Lender Parties, or any of them, or their failure to proceed promptly or otherwise, or by reason of any action taken or omitted by the Lender Parties, or any of them, whether or not such action or failure to act varies or increases the risk of, or affects the rights or remedies of, such Guarantor or by reason of any further dealings between the Borrowers, on the one hand, and any Lender Party, on the other hand, or any other guarantor or surety, and such Guarantor hereby expressly waives and surrenders any defense to its liability hereunder, or any right of counterclaim, cross-claim, or offset of any nature or description which it may have or may exist based upon, and shall be deemed to have consented to, any of the foregoing acts, omissions, things, agreements or waivers.

Appears in 1 contract

Samples: Credit Agreement (Camping World Holdings, Inc.)

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