Common use of Accommodation Party Defenses Waived Clause in Contracts

Accommodation Party Defenses Waived. The parties intend that each Borrower shall be fully liable, jointly and severally, for all Obligations. Nonetheless, in case a court finds that any Borrower is not such a primary obligor with respect to all or any part of the Obligations, the Borrowers expressly waive the benefit of any and all defenses and discharges available to a guarantor, surety, endorser or accommodation party dependent on an obligor's character as such. Without limiting the generality of the foregoing, the liability of the Borrowers hereunder shall not be affected or impaired in any way by any of the following acts or things (which the Lender is hereby expressly authorized to do, omit or suffer from time to time without notice to or consent of anyone): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any Obligations; (ii) any extension or renewal of any Obligations (whether or not for longer than the original period) or any modification of the interest rate, maturity or other terms of any Obligations; (iii) any waiver or indulgence granted to any Borrower, and any delay or lack of diligence in the enforcement of the Obligations; (iv) any full or partial release of, compromise or settlement with, or agreement not to xxx, any Borrower, Guarantor or other person liable on any Obligations; (v) any release, surrender, cancellation or other discharge of any Obligations or the acceptance of any instrument in renewal or substitution for any instrument evidencing any Obligations; (vi) any failure to obtain collateral security (including rights of setoff) for any Obligations, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security for any Obligations; (vii) any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any Collateral, Guarantor Collateral or other collateral security for the Obligations; (viii) any assignment, sale, pledge or other transfer of any of Obligations; or (ix) any manner, order or method of application of any payments or credits on any Obligations.

Accommodation Party Defenses Waived. The parties intend that each Borrower shall be fully liable, jointly and severally, for all Obligations. Nonetheless, in case a court finds that any Borrower is not such a primary obligor with respect to all or any part of the Obligations, the Borrowers expressly waive the benefit of any and all defenses and discharges available to a guarantor, surety, endorser or accommodation party dependent on an obligor's character as such. Without limiting the generality of the foregoing, the liability of the Borrowers each Borrower hereunder shall not be affected or impaired in any way by any of the following acts or things (which the Lender is hereby expressly authorized to do, omit or suffer from time to time without notice to or consent of anyone): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any Obligations; (ii) any extension or renewal of any Obligations (whether or not for longer than the original period) or any modification of the interest rate, maturity or other terms of any Obligations; (iii) any waiver or indulgence granted to any Borrowerother Borrower or the Guarantor, and any delay or lack of diligence in the enforcement of the Obligations; (iv) any full or partial release of, compromise or settlement with, or agreement not to xxxsxx, any other Borrower, the Guarantor or other person liable on any Obligations; (v) any release, surrender, cancellation or other discharge of any Obligations or the acceptance of any instrument in renewal or substitution for any instrument evidencing any Obligations; (vi) any failure to obtain collateral security (including rights of setoff) for any Obligations, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security for any Obligations; (vii) any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any Collateral, Guarantor Collateral or other collateral security for the Obligations; (viii) any assignment, sale, pledge or other transfer of any of Obligations; or (ix) any manner, order or method of application of any payments or credits on any Obligations.

Accommodation Party Defenses Waived. The parties intend that each Borrower of the Borrowers shall be fully liable, jointly liable for the entire principal balance of and severally, for interest on the Notes and all Obligationsother indebtedness arising hereunder. Nonetheless, in case a court finds that any either Borrower is not such a primary obligor with respect to all or any part of the Obligationssuch obligations, the Borrowers expressly waive the benefit of any and all defenses and discharges available to a guarantor, surety, endorser or accommodation party dependent on an obligor's character as such. Without limiting the generality of the foregoing, the liability of the Borrowers hereunder shall not be affected or impaired in any way by any of the following acts or things (which the Lender is Agent and the Banks are hereby expressly authorized to do, omit or suffer from time to time without notice to or consent of anyone): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any Obligationsor all indebtedness arising under this Agreement; (ii) any extension or renewal of any Obligations such indebtedness (whether or not for longer than the original period) or any modification of the interest rate, maturity or other terms of any Obligationssuch indebtedness; (iii) any waiver or indulgence granted to any either Borrower, and any delay or lack of diligence in the enforcement of the Obligationsindebtedness arising under this Agreement; (iviv ) any full or partial release of, compromise or settlement with, or agreement not to xxxsue, xxther Borrower or any Borrower, Guarantor guarantor or other person liable on any Obligationssuch indebtedness; (v) any release, surrender, cancellation or other discharge of any Obligations indebtedness arising under this Agreement or the acceptance of any instrument in renewal or substitution for any instrument evidencing any Obligationssuch indebtedness; (vi) any failure to obtain collateral security (including rights of setoff) for any Obligationsindebtedness arising under this Agreement, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security for any Obligationssuch indebtedness; (vii) any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any Collateral, Guarantor Collateral or other collateral security for the Obligationsany such indebtedness; (viii) any assignment, sale, pledge or other transfer of any of Obligationsthe indebtedness arising under this Agreement; or (ix) any manner, order or method of application of any payments or credits on any Obligationsindebtedness arising under this Agreement.

Accommodation Party Defenses Waived. The parties intend that each Borrower shall be fully liable, jointly and severally, for all Obligations. Nonetheless, in case a court finds that any Borrower is not such a primary obligor with respect to all or any part of the Obligations, the Borrowers expressly waive the benefit of any and all defenses and discharges available to a guarantor, surety, endorser or accommodation party dependent on an obligor's character as such. Without limiting the generality of the foregoing, the liability of the Borrowers hereunder shall not be affected or impaired in any way by any of the following acts or things (which the Lender is hereby expressly authorized to do, omit or suffer from time to time without notice to or consent of anyone): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any Obligations; (ii) any extension or renewal of any Obligations (whether or not for longer than the original period) or any modification of the interest rate, maturity or other terms of any Obligations; (iii) any waiver or indulgence granted to any Borrower, and any delay or lack of diligence in the enforcement of the Obligations; (iv) any full or partial release of, compromise or settlement with, or agreement not to xxxsue, any xxy Borrower, Guarantor or other person liable on any Obligations; (v) any release, surrender, cancellation or other discharge of any Obligations or the acceptance of any instrument in renewal or substitution for any instrument evidencing any Obligations; (vi) any failure to obtain collateral security (including rights of setoff) for any Obligations, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security for any Obligations; (vii) any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any Collateral, Guarantor Collateral or other collateral security for the Obligations; (viii) any assignment, sale, pledge or other transfer of any of Obligations; or (ix) any manner, order or method of application of any payments or credits on any Obligations.

Accommodation Party Defenses Waived. The parties intend that each Borrower shall be fully liable, jointly and severally, for all ObligationsLiabilities. Nonetheless, in case a court finds that any Borrower is not such a primary obligor with respect to all or any part of the ObligationsLiabilities, the Borrowers each Borrower expressly waive waives the benefit of any and all defenses and discharges available to a guarantor, surety, endorser or accommodation party dependent on an obligor's ’s character as such. Without limiting the generality of the foregoing, the liability of the Borrowers each Borrower hereunder shall not be affected or impaired in any way by any of the following acts or things (which the Lender is Agent and the Lenders are hereby expressly authorized to do, omit or suffer from time to time without notice to or consent of anyone): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any ObligationsLiabilities; (ii) any extension or renewal of any Obligations Liabilities (whether or not for longer than the original period) or any modification of the interest rate, maturity or other terms of any ObligationsLiabilities; (iii) any waiver or of indulgence granted to any Borrower, and any delay or lack of diligence in the enforcement of the ObligationsLiabilities; (iv) any full or partial release of, compromise or settlement with, or agreement not to xxxsxx, any Borrower, Guarantor guarantor or other person liable on any ObligationsLiabilities; (v) any release, surrender, cancellation or other discharge of any Obligations Liabilities or the acceptance of any instrument in renewal or substitution for any instrument evidencing any ObligationsLiabilities; (vi) any failure to obtain collateral security (including rights of setoff) for any ObligationsLiabilities, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereofhereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security for any ObligationsLiabilities; (vii) any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any Collateralcollateral, Guarantor Collateral guarantor collateral or other collateral security for the ObligationsLiabilities; (viii) any assignment, sale, pledge or other transfer of any of Obligationsthe Liabilities; or (ix) any manner, order or method of application of any payments or credits on any ObligationsLiabilities.