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, any Subsidiary Guarantor, and without discharging any Subsidiary 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; (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, the Parent, any other 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, the Parent, any other 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Kite Realty Group, L.P.)

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Action with Respect to Guarantied Obligations. The Noteholders Each of the Agent, the Lenders and the Swingline Lender may, at any time and from time to time, without the consent of, or notice to, any Subsidiary Guarantor, and without discharging any Subsidiary Guarantor from its obligations hereunder, 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 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 Notesany other Loan Document; (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, the Parent, any other Subsidiary Guarantor 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 Company, the Parent, any other Subsidiary Guarantor 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 Agent, the Lenders or the Swingline Lender shall elect.

Appears in 1 contract

Samples: Credit Agreement (Physicians Specialty Corp)

Action with Respect to Guarantied Obligations. The Noteholders Administrative Agent and the other Guarantied Parties may, at any time and from time to time, without the consent of, or notice to, any Subsidiary Guarantor, and without discharging any Subsidiary 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 ObligationsObligations in accordance with the terms thereof, 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 Credit Document; (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, the Parent, any other Subsidiary Guarantor Loan Party or any other Person liable in any manner for the payment or collection of any of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the Company, the Parentany Borrower, any other Subsidiary Guarantor 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 Administrative Agent and the other Guarantied Parties shall elect.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Park Hotels & Resorts Inc.)

Action with Respect to Guarantied Obligations. The Noteholders Guarantied Parties may, at any time and from time to time, pursuant to the terms of the Guarantied Documents, as applicable, without the consent of, or notice to, any Subsidiary the Guarantor, and without discharging any Subsidiary 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 Notesany Guarantied Document; (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, the Parent, any other Subsidiary Guarantor Company or any other Person liable in any manner for the payment or collection of any of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the Company, the Parent, any other Subsidiary Guarantor guarantor of the Guarantied Obligations 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 Guarantied Parties shall elect.

Appears in 1 contract

Samples: Accession Agreement (Hudson Pacific Properties, L.P.)

Action with Respect to Guarantied Obligations. The Noteholders Guaranteed Parties may, at any time and from time to time, without the consent of, or notice to, any Subsidiary Guarantor, and without discharging any Subsidiary 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 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 Notesany other Loan Document; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Guarantied Obligations, the Credit Agreement, any other Loan Document, any Specified Derivative Contract or any Specified Cash Management Agreement; (d) release the Company, the Parent, any other Subsidiary Guarantor 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 Company, the ParentBorrower, any other 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 Guarantied Parties shall elect.

Appears in 1 contract

Samples: Guaranty (Parkway, Inc.)

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, any Subsidiary Guarantor, and without discharging any Subsidiary 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; (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, the Parent, any other Subsidiary Guarantor 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 Company, the ParentBorrower, any other 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 Lenders shall elect.

Appears in 1 contract

Samples: Term Loan Agreement (Kite Realty Group, L.P.)

Action with Respect to Guarantied Obligations. The Noteholders Lenders, the Issuing Bank, the Swingline Lender, and the Administrative Agent may, at any time and from time to time, without the consent of, or notice to, any Subsidiary Guarantor, and without discharging any Subsidiary 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 Credit Agreement or the Notesany other Loan Document; (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, the Parent, any other Subsidiary Guarantor 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 Company, the ParentBorrower, any other Subsidiary Guarantor 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.

Appears in 1 contract

Samples: Credit Agreement (DiamondRock Hospitality Co)

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Action with Respect to Guarantied Obligations. The Noteholders Guaranteed Parties may, at any time and from time to time, without the consent of, or notice to, any Subsidiary Guarantor, and without discharging any Subsidiary Guarantor from its obligations hereunder, take any and all actions described in Section 3 of this Guaranty and, in accordance with the terms of the Loan Agreement and this Guaranty, 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; (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, the Parent, any other Subsidiary Guarantor Loan Party or any other Person liable in any manner for the payment or collection of any of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the Company, the Parentany Borrower, any other Subsidiary Guarantor 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 Guarantied Parties shall elect.

Appears in 1 contract

Samples: Credit Agreement (Lepercq Corporate Income Fund L P)

Action with Respect to Guarantied Obligations. The Noteholders Guaranteed Parties may, at any time and from time to time, without the consent of, or notice to, any Subsidiary Guarantor, and without discharging any Subsidiary Guarantor from its obligations hereunder, take any and all actions described in Section 3 of this Guaranty and, in accordance with the terms of the Credit Agreement and this Guaranty, 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 Credit Agreement or the Notesany other Loan Document; (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, the Parent, any other Subsidiary Guarantor Loan Party or any other Person liable in any manner for the payment or collection of any of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the Company, the ParentBorrower, any other Subsidiary Guarantor 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 Guarantied Parties shall elect.

Appears in 1 contract

Samples: Credit Agreement (LXP Industrial Trust)

Action with Respect to Guarantied Obligations. The Noteholders Guaranteed Parties may, at any time and from time to time, pursuant to the terms of the Credit Documents or Specified Derivative Contract, as applicable, without the consent of, or notice to, any Subsidiary Guarantor, and without discharging any Subsidiary 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 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 Notesany other Credit Document; (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, the Parent, any other Subsidiary Guarantor 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 Company, the ParentBorrower, any other Subsidiary Guarantor 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 Guarantied Parties shall elect.

Appears in 1 contract

Samples: Credit Agreement (Hudson Pacific Properties, Inc.)

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