Common use of Action with Respect to Guarantied Obligations Clause in Contracts

Action with Respect to Guarantied Obligations. The Noteholders may, at any time and from time to time, without the consent of, or notice to, the Guarantor, and without discharging the Guarantor from its obligations hereunder, take any and all actions described in Section 3 and may otherwise: (a) amend, modify, alter or supplement the terms of any of the Guarantied Obligations, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations or changing the interest rate that may accrue on any of the Guarantied Obligations; (b) amend, modify, alter or supplement the Note Agreement or the Notes; provided, however, that no such amendments can require the Guarantor to modify the nature of the springing guaranty provided hereunder without the approval of the Guarantor; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Guarantied Obligations; (d) release the Company, any Subsidiary Guarantor, or any other Person liable in any manner for the payment or collection of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the Company, any Subsidiary Guarantor or any other Person; and (f) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Noteholders shall elect.

Action with Respect to Guarantied Obligations. The Noteholders Lenders, the Agent and the Lender Hedge Providers may, at any time and from time to time, without the consent of, or notice to, the Guarantor, and without discharging the Guarantor from its obligations hereunder, take any and all actions described in Section 3 and may otherwise: (a) amend, modify, alter or supplement the terms of any of the Guarantied Obligations, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations or changing the interest rate that may accrue on any of the Guarantied Obligations; (b) amend, modify, alter or supplement the Note Term Loan Agreement or any other Loan Document or the NotesInterest Rate Hedge; provided, however, that no such amendments can require the Guarantor to modify the nature of the springing guaranty provided hereunder without the approval of the Guarantor; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Guarantied Obligations or the Hedge Obligations; (d) release the Company, any Subsidiary Guarantor, other Loan Party or any other Person liable in any manner for the payment or collection of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the CompanyBorrower, any Subsidiary Guarantor other Loan Party or any other Person; and (f) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Noteholders Lenders shall elect.

Action with Respect to Guarantied Obligations. The Noteholders Administrative Agent and the Guarantied Parties may, in a manner not in contravention of the Credit Agreement to the extent applicable, at any time and from time to time, without the consent of, or notice to, the any Guarantor, and without discharging the any Guarantor from its obligations hereunder, take any and all actions described in Section 3 3, and may otherwise: (a) amend, modify, alter or supplement the terms of any of the Guarantied Obligations, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations Obligations, increasing the amount of the Loans made or available to be made under the Credit Agreement or changing the interest rate that may accrue on any of the Guarantied Obligations; (b) amend, modify, alter or supplement the Note Credit Agreement or the Notes; provided, however, that no such amendments can require the Guarantor to modify the nature of the springing guaranty provided hereunder without the approval of the Guarantorany other Loan Document or any Specified Derivatives Contract; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Guarantied Obligations; (d) release the Company, any Subsidiary Guarantor, other Loan Party or any other Person liable in any manner for the payment or collection of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the CompanyBorrower, any Subsidiary Guarantor other Loan Party or any other PersonPerson (including, without limitation, any other Guarantor); and (f) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Noteholders Administrative Agent and the Guarantied Parties shall electelect in accordance with the Credit Agreement.

Action with Respect to Guarantied Obligations. The Noteholders Lenders, the Agent and the Lender Hedge Providers may, at any time and from time to time, without the consent of, or notice to, the any Guarantor, and without discharging the any Guarantor from its obligations hereunder, take any and all actions described in Section 3 and may otherwise: (a) amend, modify, alter or supplement the terms of any of the Guarantied Obligations, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations or changing the interest rate that may accrue on any of the Guarantied Obligations; (b) amend, modify, alter or supplement the Note Term Loan Agreement or any other Loan Document or the Notes; provided, however, that no such amendments can require the Guarantor to modify the nature of the springing guaranty provided hereunder without the approval of the GuarantorInterest Rate Hedge; (c) sell, exchange, release or otherwise deal with all, or any part, of any 109306584\V-7 US_ACTIVE\122555645\V-4 collateral securing any of the Guarantied Obligations or the Hedge Obligations; (d) release the Company, any Subsidiary Guarantor, other Loan Party or any other Person liable in any manner for the payment or collection of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the CompanyBorrower, any Subsidiary other Guarantor or any other Person; and (f) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Noteholders Lenders shall elect.

Action with Respect to Guarantied Obligations. The Noteholders Lenders and the Agent may, at any time and from time to time, without the consent of, or notice to, the Guarantor, and without discharging the Guarantor from its obligations hereunder, take any and all actions described in Section 3 and may otherwise: (a) amend, modify, alter or supplement the terms of any of the Guarantied Obligations, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations or changing the interest rate that may accrue on any of the Guarantied Obligations; (b) amend, modify, alter or supplement the Note Loan Agreement or the Notesany other Loan Document; provided, however, that no such amendments can require the Guarantor to modify the nature of the springing guaranty provided hereunder without the approval of the Guarantor; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Guarantied Obligations; (d) release the Company, any Subsidiary Guarantor, other Loan Party or any other Person liable in any manner for the payment or collection of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the CompanyBorrower, any Subsidiary Guarantor other Loan Party or any other Person; and (f) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Noteholders Lenders shall elect.

Action with Respect to Guarantied Obligations. The Noteholders Lenders, the Agent and the Lender Hedge Providers may, at any time and from time to time, without the consent of, or notice to, the Guarantor, and without discharging the Guarantor from its obligations hereunder, take any and all actions described in Section 3 and may otherwise: (a) amend, modify, alter or supplement the terms of any of the Guarantied Obligations, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations or changing the interest rate that may accrue on any of the Guarantied Obligations; (b) amend, modify, alter or supplement the Note Term Loan Agreement or any other Loan Document or the NotesInterest Rate Hedge; provided, however, that no such amendments can require the Guarantor to modify the nature of the springing guaranty provided hereunder without the approval of the Guarantor; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Guarantied 109306584\V-7 US_ACTIVE\122555645\V-4 Obligations or the Hedge Obligations; (d) release the Company, any Subsidiary Guarantor, other Loan Party or any other Person liable in any manner for the payment or collection of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the CompanyBorrower, any Subsidiary Guarantor other Loan Party or any other Person; and (f) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Noteholders Lenders shall elect.