Amendments, etc. with respect to the Guaranteed 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demand for payment of any of the Guaranteed Obligations made by the Collateral Agent or any other Secured Party may be rescinded by the Collateral Agent or such Secured Party and any of the Guaranteed Obligations may be continued, and the Guaranteed Obligations, or the liability of any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 Collateral Agent or any Secured Party, and the First Lien 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 Collateral Agent (or the relevant Secured Parties, 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 Collateral Agent or any Secured Party for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Agent nor any Lender nor any Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 or any property subject thereto.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Micron Technology Inc), Guarantee and Collateral Agreement (Micron Technology Inc), Guarantee and Collateral Agreement (Calpine Corp)
Amendments, etc. with respect to the Guaranteed 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 Guarantor, any demand for payment of any of the Guaranteed Obligations made by the Collateral Administrative Agent or any other Secured Party Lender may be rescinded by the Collateral Administrative Agent or such Secured Party Lender, as applicable, and any of the Guaranteed Obligations may be continued, and the Guaranteed 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 Collateral Administrative Agent or any Secured PartyLender, and the First Lien Documents this Agreement, and any Note and any other documents executed and delivered document in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Agent (or the relevant Secured Parties, as the case may be) any Lender may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Administrative Agent or any Secured Party Lender for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Administrative Agent nor any Lender nor any Secured Party shall have any obligation to protect, secure, perfect or insure any Lien or security interest at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 Credit Agreement Guarantee or any property subject thereto.
Appears in 3 contracts
Samples: Credit Agreement (Phillips 66), Credit Agreement (Phillips 66), Credit Agreement (Phillips 66)
Amendments, etc. with respect to the Guaranteed Obligations. Each To the fullest extent permitted by applicable law, 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 Guaranteed Obligations made by the Collateral Administrative Agent or any other Secured Party may be is or has been rescinded by the Collateral Administrative Agent or such Secured Party and any of the Guaranteed Obligations may be continued, and the Guaranteed 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 Collateral Administrative Agent or any other Secured Party, and the First Lien Documents Credit Agreement and the other Loan Documents, any other documents executed and delivered in connection therewith therewith, any Swap Agreement and any agreement giving rise to Cash Management Obligations may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Administrative Agent (or the relevant Secured PartiesRequired Lenders or all Lenders, as the case may be, or, solely in the case of any Swap Agreement or any agreement giving rise to Cash Management Obligations, the applicable Hedge Bank or Cash Management Bank) may deem reasonably advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Administrative Agent or any other Secured Party for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Administrative Agent nor any Lender nor any other Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Guaranteed Obligations or for the guarantee guarantees contained in this Section 2 or any property subject thereto.
Appears in 2 contracts
Samples: Cross Guarantee Agreement (Constellation Brands, Inc.), Cross Guarantee Agreement (Constellation Brands, Inc.)
Amendments, etc. with respect to the Guaranteed Obligations. Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against such Guarantor or any Guarantor other Guarantor, and without notice to or further assent by any such Guarantor, any demand for payment of any of the Guaranteed Obligations made by the Collateral Agent or any other Secured Party Beneficiary may be rescinded by the Collateral Agent or such Secured Party other Beneficiary, and any of the Guaranteed Obligations may be continued, and the Guaranteed 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 Collateral Agent or any Secured Partyother Beneficiary, and the First Lien Documents Credit Agreement, any other Loan Document, any other document relating to Guaranteed Obligations and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Agent (or relevant holders of the relevant Secured Parties, as the case may be) Guaranteed Obligations may deem advisable from time to timetime and otherwise in accordance with the Credit Agreement, and any collateral security, guarantee or right of offset at any time held by the Collateral Agent or any Secured Party other Beneficiary for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Agent nor any Lender nor any Secured Party other Beneficiary shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 Guarantee or any property subject thereto.
Appears in 1 contract
Samples: Subsidiary Guarantee Agreement (BMC Industries Inc/Mn/)
Amendments, etc. with respect to the Guaranteed Obligations. (a) Each Guarantor shall remain obligated hereunder notwithstanding thathereunder, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, notwithstanding the fact that: (i) any demand for payment of any of the Guaranteed Obligations made by the Collateral Agent or any the other Secured Party Parties may be rescinded by the Collateral Agent or such the other Secured Party Parties and any of the Guaranteed Obligations may be continued, and (ii) the Guaranteed Obligations, or the liability Liability of any other Person upon or for any part thereof, or any collateral security or guarantee guaranty 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 Collateral Agent or any other Secured Party, and or (iii) any of this Agreement or the First Lien other Loan Documents and or any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Agent (or the relevant any other Secured Parties, as the case may be) Party may deem advisable from time to time, . Agent and any collateral security, guarantee or right of offset at any time held by the Collateral Agent or any other Secured Party for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Agent nor any Lender nor any Secured Party Parties shall have any no obligation to protect, secure, perfect or insure any Lien at any time held by it them as security for the Guaranteed Obligations or for the guarantee guaranty contained in this Section 2 Article 7 or any property subject thereto.
(b) Agent or any other Secured Party may, from time to time, in their reasonable discretion and without notice to or demand upon the Guarantors (or any of them), take any or all of the following actions, without discharging or otherwise affecting the Obligations (including the fees and other amounts set forth in Section 6.3) of any Guarantor hereunder and without incurring any Liability hereunder:(i) receive, take and hold additional Collateral to secure any of the Obligations or any obligation hereunder, (ii) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the undersigned, with respect to any of the Obligations, (iii) extend or renew any of the Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Obligations or otherwise modify, amend, supplement or otherwise change any Obligation or any Loan Document (including accelerating or otherwise changing the time of payment), or release or compromise any obligation of any of the undersigned hereunder or any obligation of any nature of any other obligor with respect to any of the Obligations or otherwise in connection with the Loan Documents, (iv) release any guaranty or right of offset or their security interest in, or surrender, release or permit any substitution or exchange for, all or any part of any personal property securing any of the Obligations or any obligation hereunder, or extend or renew for one or more periods (whether or not longer than the original period) or release, compromise, alter or exchange any obligations of any nature of any obligor with respect to any such personal property, (v) resort to the undersigned (or any of them) for payment of any of the Obligations when due, whether or not Agent or any other Secured Party shall have resorted to any personal property securing any of the Obligations or any obligation hereunder or shall have proceeded against any other of the undersigned or any other obligor primarily or secondarily obligated with respect to any of the Obligations, (vi) apply to the Obligations any sums by whomever paid or however realized to any Obligation as set forth in Section 2.4(d) hereof, (vii) refund at any time any payment received by any Secured Party in respect of any Obligation, (viii) sell, exchange, enforce, waive, substitute, liquidate, terminate, release, abandon, fail to perfect, subordinate, accept, substitute, surrender, exchange, affect, impair or otherwise alter or release any Collateral for any Obligation or any other guaranty therefor in any manner, (ix) otherwise deal in any manner with any Borrower or any other Guarantor, maker or endorser of any Obligation or any part thereof, and/or (x) settle, release, compromise, collect or otherwise liquidate the Obligations.
Appears in 1 contract
Samples: Secured Priming Delayed Draw Term Loan Debtor in Possession Credit Agreement (Endologix Inc /De/)
Amendments, etc. with respect to the Guaranteed 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 Guaranteed Borrower Obligations made by the Collateral Administrative Agent or any other Secured Party Lender may be rescinded by the Collateral Administrative Agent or such Secured Party Lender and any of the Guaranteed Borrower Obligations may be continued, and the Guaranteed Borrower 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 Collateral Administrative Agent or any Secured PartyLender, and the First Lien Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, restated, amended and restated, modified, supplemented or terminated, in whole or in part, as the Collateral Administrative Agent (or the relevant Secured PartiesRequired 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 Collateral Administrative Agent or any Secured Party Lender for the payment of the Guaranteed Borrower Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Administrative Agent nor any Lender nor any Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 or any property subject theretoObligations.
Appears in 1 contract
Amendments, etc. with respect to the Guaranteed 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 Guaranteed Obligations made by the Collateral Agent or any other Secured Guaranteed Party may be rescinded by the Collateral Agent or such Secured Guaranteed Party and any of the Guaranteed Obligations may be continued, and the Guaranteed 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 Collateral Agent or any Secured Guaranteed Party, and the First Lien 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 the Collateral Administrative Agent (or the relevant Secured PartiesRequired 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 Collateral Agent or any Secured Guaranteed Party for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Agent nor any Lender nor any Secured No Guaranteed Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 or any property subject thereto.
Appears in 1 contract
Samples: Credit Agreement (General Motors Co)
Amendments, etc. with respect to the Guaranteed 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 Guaranteed Obligations made by the Collateral Agent or any other Secured Guaranteed Party may be rescinded by the Collateral Agent or such Secured Guaranteed Party and any of the Guaranteed Obligations may be continued, and the Guaranteed 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 Collateral Agent or any Secured Guaranteed Party, the Credit Agreement and the First Lien other Financing 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 Collateral Agent (or the relevant Secured Parties, 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 Collateral Agent or any Secured Guaranteed Party for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Agent nor any Lender nor any Secured No Guaranteed Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 or any other guarantee of the Guaranteed Obligations or any property subject thereto.. Nothing in this Section 2.3 shall limit or impair any Loan Parties’ rights under the Credit Agreement or any other Financing Document. US-DOCS\149841222.4
Appears in 1 contract
Samples: Guaranty Agreement (Global Clean Energy Holdings, Inc.)
Amendments, etc. with respect to the Guaranteed Obligations. Each Guarantor Grantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor Grantor and without notice to or further assent by any GuarantorGrantor, (a) any demand for payment of any of the Guaranteed Obligations made by the Collateral Agent any Secured Obligations Representative or any other Senior Secured Party may be rescinded by the Collateral Agent such Secured Obligations Representative or such other Senior Secured Party and any of the Guaranteed Obligations may be continued, and continues; (b) the Guaranteed 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, increased, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Collateral Agent any Secured Obligations Representative or any other Senior Secured Party, and Party in accordance with the First Lien terms of the applicable Senior Secured Documents; (c) the other Senior Secured 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 Collateral Agent (or the relevant Secured Parties, as the case may be) requisite parties thereto may deem advisable from time to time, and (d) any collateral security, guarantee or right of offset at any time held by the Collateral Agent or any Senior Secured Party for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Agent nor No Secured Obligations Representative or any Lender nor any other Senior Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Guaranteed Specified Grantor Obligations or for the guarantee contained in this Section 2 or any property subject thereto.
Appears in 1 contract
Amendments, etc. with respect to the Guaranteed 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, (a) any demand for payment of any of the Guaranteed Obligations made by the Collateral Administrative Agent or any other Secured Guaranteed Party may be rescinded by the Collateral Agent or such Secured Party party and any of the Guaranteed Obligations may be continued, and (b) the Guaranteed 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, increased, extended, amended, restated, amended and restated, modified, accelerated, compromised, waived, surrendered or released by the Collateral Administrative Agent or any Secured other Guaranteed Party, and (c) the First Lien Credit Agreement, the other Credit Documents and any other documents executed and delivered in connection therewith may be amendedmay, modified, supplemented or terminatedfrom time to time, in whole or in part, be renewed, increased, extended, amended, restated, amended and restated, modified, accelerated, compromised, waived, surrendered or released as the Collateral Administrative Agent (or the relevant Secured PartiesRequired Lenders or all Lenders, as the case may be) may deem advisable from time to time, and (d) any collateral security, guarantee or right of offset at any time held by the Collateral Administrative Agent or any Secured other Guaranteed Party for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Administrative Agent nor any Lender nor any Secured other Guaranteed Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 Guarantee or any property subject thereto.
Appears in 1 contract
Amendments, etc. with respect to the Guaranteed Obligations. Each Subsidiary Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Subsidiary Guarantor and without notice to or further assent by any Subsidiary Guarantor, any demand for payment of any of the Guaranteed Obligations made by the Collateral Administrative Agent or any other Secured Party Lender may be rescinded by the Collateral Administrative Agent or such Secured Party Lender and any of the Guaranteed Obligations may be continued, and the Guaranteed 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 Collateral Administrative Agent or any Secured PartyLender, and the First Lien Documents Credit Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Administrative Agent (or the relevant Secured PartiesRequired 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 Collateral Administrative Agent or any Secured Party Lender for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Administrative Agent nor any Lender nor any Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 or any property subject theretoGuarantee.
Appears in 1 contract
Samples: Credit Agreement (Tapestry, Inc.)
Amendments, etc. with respect to the Guaranteed Obligations. Each Subsidiary Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Subsidiary Guarantor and without notice to or further assent by any Subsidiary Guarantor, any demand for payment of any of the Guaranteed Obligations made by the Collateral Administrative Agent or any other Credit Agreement Secured Party may be rescinded by the Collateral Administrative Agent or such other Credit Agreement Secured Party and any of the Guaranteed Obligations may be continued, and the Guaranteed 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 Collateral Administrative Agent or any Secured PartyLender, and this Agreement and the First Lien other Credit 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 Collateral Administrative Agent (or the relevant Secured PartiesRequired 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 Collateral Administrative Agent or any other Credit Agreement Secured Party for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Administrative Agent nor any Lender nor any other Credit Agreement Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 ARTICLE X or any property subject thereto.
Appears in 1 contract
Amendments, etc. with respect to the Guaranteed 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 Guaranteed Obligations made by the Collateral Administrative Agent or any other Secured Party Lender may be rescinded by the Collateral Administrative Agent or such Secured Party Lender and any of the Guaranteed Obligations may be continued, and the Guaranteed 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 Collateral Administrative Agent or any Secured PartyLender, and the First Lien Documents Credit Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Administrative Agent (or the relevant Secured PartiesRequired 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 Collateral Administrative Agent or any Secured Party Lender for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Administrative Agent nor any Lender nor any Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 or any property subject theretoGuarantee.
Appears in 1 contract
Amendments, etc. with respect to the Guaranteed Obligations. Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against such Guarantor or any Guarantor other Guarantor, and without notice to or further assent by any such Guarantor, any demand for payment of any of the Guaranteed Obligations made by the Administrative Agent, Collateral Agent or any other Secured Party Beneficiary may be rescinded by the Administrative Agent, Collateral Agent or such Secured Party other Beneficiary, and any of the Guaranteed Obligations may be continued, and the Guaranteed 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 Administrative Agent, Collateral Agent or any Secured Partyother Beneficiary, and the First Lien Documents Revolving Credit Agreement, any other Loan Document, any other document relating to Guaranteed Obligations and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Agent (or relevant holders of the relevant Secured Parties, as the case may be) Guaranteed Obligations may deem advisable from time to timetime and otherwise in accordance with the Revolving Credit Agreement, and any collateral security, guarantee or right of offset at any time held by the Administrative Agent, Collateral Agent or any Secured Party other Beneficiary for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the None of Administrative Agent, Collateral Agent nor or any Lender nor any Secured Party other Beneficiary shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 Guarantee or any property subject thereto.
Appears in 1 contract
Samples: Revolving Credit Agreement (Texas Petrochemicals Inc.)
Amendments, etc. with respect to the Guaranteed Obligations. Each Subsidiary Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Subsidiary Guarantor and without notice to or further assent by any Subsidiary Guarantor, any demand for payment of any of the Guaranteed Obligations made by the Collateral Agent or any other Secured Party Fixed Rate Note Holder may be rescinded by the Collateral Agent or such Secured Party Fixed Rate Note Holder and any of the Guaranteed Obligations may be continued, and the Guaranteed 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 Collateral Agent or any Secured PartyFixed Rate Note Holder, and the First Lien Documents Credit Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Agent (Required Fixed Rate Note Holders or the relevant Secured Partiesall Fixed Rate Note Holders, 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 Collateral Agent or any Secured Party Fixed Rate Note Holder for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Agent nor any Lender nor any Secured Party No Fixed Rate Note Holder shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 or any property subject thereto.
Appears in 1 contract
Samples: Credit Agreement (InfraREIT, Inc.)
Amendments, etc. with respect to the Guaranteed 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 Guarantor, any demand for payment of any of the Guaranteed Obligations made by the Collateral Administrative Agent or any other Secured Party Lender may be rescinded by the Collateral HOU:3943078.7 Administrative Agent or such Secured Party Lender, as applicable, and any of the Guaranteed Obligations may be continued, and the Guaranteed 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 Collateral Administrative Agent or any Secured PartyLender, and the First Lien Documents this Agreement, and any Note and any other documents executed and delivered document in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Agent (or the relevant Secured Parties, as the case may be) any Lender may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Administrative Agent or any Secured Party Lender for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Administrative Agent nor any Lender nor any Secured Party shall have any obligation to protect, secure, perfect or insure any Lien or security interest at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 Subsidiary Guarantee or any property subject thereto.
Appears in 1 contract
Amendments, etc. with respect to the Guaranteed Obligations. Each Guarantor Topco shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor Topco and without notice to or further assent by any GuarantorTopco, any demand for payment of any of the Guaranteed Obligations made by the Collateral Administrative Agent or any other Secured Guaranteed Party may be rescinded by the Collateral Administrative Agent or such Secured Guaranteed Party and any of the Guaranteed Obligations may be continued, and the Guaranteed 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 Collateral Administrative Agent or any Secured other Guaranteed Party, and the First Lien Documents Credit Agreement, the other Loan Documents, the Specified Swap Agreements, the Letters of Credit, Bank Services Agreements, and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Administrative Agent (or the relevant Secured PartiesRequired Lenders or all of the 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 Collateral Administrative Agent or any Secured other Guaranteed Party for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither , in each case in accordance with the Collateral Agent nor any Lender nor any Secured Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for terms of the Guaranteed Obligations or for the guarantee contained in this Section 2 or any property subject theretoCredit Agreement.
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Amendments, etc. with respect to the Guaranteed 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 Guarantor, any demand for payment of any of the Guaranteed Obligations made by the Collateral Administrative Agent or any other Secured Party Lender may be rescinded by the Collateral Administrative Agent or such Secured Party Lender, as applicable, and any of the Guaranteed Obligations may be continued, and the Guaranteed Obligations, or the liability of any other Person party upon or for any part thereof, or any collateral 66 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 Collateral Administrative Agent or any Secured PartyLender, and the First Lien Documents this Agreement, and any Note and any other documents executed and delivered document in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Agent (or the relevant Secured Parties, as the case may be) any Lender may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Collateral Administrative Agent or any Secured Party Lender for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Administrative Agent nor any Lender nor any Secured Party shall have any obligation to protect, secure, perfect or insure any Lien or security interest at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 Subsidiary Guarantee or any property subject thereto.
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Samples: Credit Agreement (Phillips 66)
Amendments, etc. with respect to the Guaranteed 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, (a) any demand for payment of any of the Guaranteed Obligations made by the Collateral Administrative Agent or any other Secured Guaranteed Party may be rescinded by the Collateral Agent or such Secured Party party and any of the Guaranteed Obligations may be continued, and (b) the Guaranteed 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, increased, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Collateral Administrative Agent or any Secured other Guaranteed Party, (c) the Credit Agreement, the other Credit Documents and the First Lien Documents Designated Hedge Agreements and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Administrative Agent (or the relevant Secured PartiesRequired Lenders or all Lenders, as the case may be, or, in the case of any Designated Hedge Agreement, the counterparty thereto) may deem advisable from time to time, and (d) any collateral security, guarantee or right of offset at any time held by the Collateral Administrative Agent or any Secured other Guaranteed Party for the payment of the Guaranteed Obligations may be sold, exchanged, waived, surrendered or released. Neither the Collateral Administrative Agent nor any Lender nor any Secured other Guaranteed Party shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Guaranteed Obligations or for the guarantee contained in this Section 2 Guarantee or any property subject thereto.
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Samples: Refinancing Amendment and Successor Administrative Agent Agreement (MRC Global Inc.)