Common use of Amendments, etc. with respect to the Secured Obligations Clause in Contracts

Amendments, etc. with respect to the Secured Obligations. Each Grantor shall remain obligated pursuant to this Agreement notwithstanding that, without any reservation of rights against any Grantor and without notice to or further assent by any Grantor, any demand for payment of any of the Secured Obligations made by the Collateral Agent or the Purchase Money Notes Guarantor may be rescinded by such Person and any of the Secured Obligations continued, and the Secured Obligations, or the liability of any other Person upon or for any part thereof, or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 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 the Purchase Money Notes Guarantor, and the Purchase Money Notes Guaranty, any Purchase Money Notes and the other Ancillary 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 Purchase Money Notes Guarantor may deem reasonably advisable from time to time, and any collateral security, guaranty or right of offset at any time held by the Collateral Agent for the payment of the Secured Obligations may be sold (in the case of any such collateral security), exchanged, waived, surrendered or released. The Collateral Agent 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 guaranty contained in this Article VI or any property subject thereto.

Appears in 4 contracts

Samples: Reimbursement, Security and Guaranty Agreement, Reimbursement, Security and Guaranty Agreement, Reimbursement, Security and Guaranty Agreement

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Amendments, etc. with respect to the Secured Obligations. Each Grantor To the maximum extent permitted by applicable law, the Guarantor shall remain obligated pursuant to this Agreement hereunder notwithstanding that, without any reservation of rights against any Grantor the Guarantor and without notice to or further assent by any Grantorthe Guarantor, any demand for payment of any of the Secured Obligations made by the Administrative Agent, the Collateral Agent or the Purchase Money Notes Guarantor any other Secured Party may be rescinded by the Administrative Agent, the Collateral Agent or such Person 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 guaranty 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, the Collateral Agent or the Purchase Money Notes Guarantorany other Secured Party, and the Purchase Money Notes Guaranty, any Purchase Money Notes Credit Agreement and the other Ancillary Documents Loan Documents, any Specified Hedge Agreement or any agreement in respect of any Cash Management Obligations or Additional Obligations, and in each case any other documents executed and delivered in connection therewith therewith, may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Administrative Agent (or the Purchase Money Notes Guarantor Required Lenders, or all Lenders, or all Lenders directly and adversely affected thereby, as the case may be) or the Secured Party that is the counterparty to the relevant Specified Hedge Agreement or agreement in respect of the relevant Cash Management Obligations or Additional Obligations, as applicable, may deem reasonably advisable from time to time, and any collateral security, guaranty guarantee or right of offset set-off at any time held by the Administrative Agent, the Collateral Agent or any other Secured Party for the payment of the Secured Obligations may be sold (in the case of any such collateral security)sold, exchanged, waived, surrendered or released. The Neither the Administrative Agent, the Collateral 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 guaranty guarantee contained in this Article VI Section 2 or any property subject thereto.

Appears in 3 contracts

Samples: Asset Based Revolving Credit Agreement (Revlon Inc /De/), Guarantee and Pledge Agreement (Revlon Inc /De/), Holdings Term Loan Guarantee and Pledge Agreement (Revlon Inc /De/)

Amendments, etc. with respect to the Secured Obligations. Each Grantor Guarantor shall remain obligated pursuant to this Agreement hereunder notwithstanding that, without any reservation of rights against any Grantor Guarantor and without notice to or further assent by any GrantorGuarantor, any demand for payment of any of the Secured Obligations made by the Collateral Administrative Agent or the Purchase Money Notes Guarantor any Lender may be rescinded by the Administrative Agent or such Person 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 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 Administrative Agent or the Purchase Money Notes Guarantorany Lender, and the Purchase Money Notes Guaranty, any Purchase Money Notes Credit Agreement and the other Ancillary 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 Purchase Money Notes Guarantor Required Lenders or all the Lenders, as the case may be) may deem reasonably advisable from time to time, and . Neither the Administrative Agent nor any collateral security, guaranty or right of offset at any time held by the Collateral Agent for the payment of the Secured Obligations may be sold (in the case of any such collateral security), exchanged, waived, surrendered or released. The Collateral Agent 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 guaranty contained in this Article VI Section 2 or any property subject thereto. The Administrative Agent or any Lender may, from time to time, at its sole discretion and without notice to any Guarantor (or any of them), take any or all of the following actions: (a) retain or obtain a security interest in any property to secure any of the Secured Obligations or any obligation hereunder, (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the undersigned, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured Obligations, 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 Secured Obligations, (d) release any guaranty or right of offset or its security interest in, or surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Secured 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 property, and (e) resort to the undersigned (or any of them) for payment of any of the Secured Obligations when due, whether or not the Administrative Agent or such Lender shall have resorted to any property securing any of the Secured 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 Secured Obligations.

Appears in 3 contracts

Samples: Guaranty and Collateral Agreement (Sei Investments Co), Guaranty and Collateral Agreement (Akorn Inc), Guaranty and Pledge Agreement (Lecg Corp)

Amendments, etc. with respect to the Secured Obligations. Each Grantor Guarantor shall remain obligated pursuant to this Agreement hereunder notwithstanding that, without any reservation of rights against any Grantor Guarantor and without notice to or further assent by any GrantorGuarantor, any demand for payment of any of the Secured Obligations made by the Collateral Agent or the Purchase Money Notes Guarantor any Lender may be rescinded by Agent or such Person 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 guaranty 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 the Purchase Money Notes Guarantorany Lender, and the Purchase Money Notes Guaranty, any Purchase Money Notes Credit Agreement and the other Ancillary 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 Agent (or the Purchase Money Notes Guarantor Required Lenders or all Lenders, as the case may be) may deem reasonably advisable from time to timetime (provided that any such amendment, modification, supplement or termination complies with the relevant provisions of the Credit Agreement, this Agreement and/or such other Loan Document), and any collateral security, guaranty guarantee or right of offset at any time held by the Collateral Agent or any Lender for the payment of the Secured Obligations may be sold (in the case of any such collateral security)sold, exchanged, waived, surrendered or releasedreleased to the extent permitted by the Credit Agreement, this Agreement and the other Loan Documents. The Collateral Neither Agent nor any 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 guaranty guarantee contained in this Article VI Section 2 or any property subject thereto.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Acer Therapeutics Inc.), Guarantee and Collateral Agreement (Acer Therapeutics Inc.), Guarantee and Collateral Agreement (Biotricity Inc.)

Amendments, etc. with respect to the Secured Obligations. Each Grantor Guarantor shall remain obligated pursuant to this Agreement hereunder notwithstanding that, without any reservation of rights against any Grantor Guarantor and without notice to or further assent by any GrantorGuarantor, any demand for payment of any of the Secured Obligations made by the Collateral Agent or the Purchase Money Notes Guarantor any Lender may be rescinded by Agent or such Person 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 guaranty 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 the Purchase Money Notes Guarantorany Lender, and the Purchase Money Notes Guaranty, any Purchase Money Notes Credit Agreement and the other Ancillary 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 Agent (or the Purchase Money Notes Guarantor Required Lenders or all Lenders, as the case may be) may deem reasonably advisable from time to timetime (provided that any such amendment, modification, supplement or termination complies with the relevant provisions of the Credit Agreement, this Agreement and/or such Loan Document), and any collateral security, guaranty guarantee or right of offset at any time held by the Collateral Agent or any Lender for the payment of the Secured Obligations may be sold (in the case of any such collateral security)sold, exchanged, waived, surrendered or releasedreleased to the extent permitted by the Credit Agreement, this Agreement and the other Loan Documents. The Collateral Neither Agent nor any 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 guaranty guarantee contained in this Article VI Section 2 or any property subject thereto.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Veru Inc.), Guarantee and Collateral Agreement (Hooper Holmes Inc), Guarantee and Collateral Agreement (Pdi Inc)

Amendments, etc. with respect to the Secured Obligations. Each Grantor To the maximum extent permitted by applicable law, each Guarantor shall remain obligated pursuant to this Agreement hereunder notwithstanding that, without any reservation of rights against any Grantor Guarantor and without notice to or further assent by any GrantorGuarantor, any demand for payment of any of the Secured Obligations made by the Administrative Agent, the Collateral Agent or the Purchase Money Notes Guarantor any other Secured Party may be rescinded by the Administrative Agent, the Collateral Agent or such Person 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 guaranty 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, the Collateral Agent or the Purchase Money Notes Guarantorany other Secured Party, and the Purchase Money Notes Guaranty, any Purchase Money Notes Credit Agreement and the other Ancillary Documents Loan Documents, any Specified Hedge Agreement or any agreement in respect of any Cash Management Obligations or Additional Obligations, and in each case any other documents executed and delivered in connection therewith therewith, may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Administrative Agent (or the Purchase Money Notes Guarantor Required Lenders, or all Lenders, or all Lenders directly and adversely affected thereby, as the case may be) or the Secured Party that is the counterparty to the relevant Specified Hedge Agreement or agreement in respect of the relevant Cash Management Obligations or Additional Obligations, as applicable, may deem reasonably advisable from time to time, and any collateral security, guaranty guarantee or right of offset set-off at any time held by the Administrative Agent, the Collateral Agent or any other Secured Party for the payment of the Secured Obligations may be sold (in the case of any such collateral security)sold, exchanged, waived, surrendered or released. The Neither the Administrative Agent, the Collateral 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 guaranty guarantee contained in this Article VI Section 2 or any property subject thereto.

Appears in 3 contracts

Samples: Asset Based Revolving Credit Agreement (Revlon Inc /De/), Abl Guarantee and Collateral Agreement (Revlon Inc /De/), Term Loan Guarantee and Collateral Agreement (Revlon Inc /De/)

Amendments, etc. with respect to the Secured Obligations. Each Grantor Guarantor shall remain obligated pursuant to this Agreement hereunder notwithstanding that, without any reservation of rights against any Grantor Guarantor and without notice to or further assent by any GrantorGuarantor, any demand for payment of any of the Secured Obligations made by the Collateral Administrative Agent or the Purchase Money Notes Guarantor Required Lenders may be rescinded by such Person the Administrative Agent or the Required Lenders 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 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 Administrative Agent (or the Purchase Money Notes GuarantorRequired Lenders or all the Lenders, as the case may be) and the Purchase Money Notes Guaranty, any Purchase Money Notes Credit Agreement and the other Ancillary 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 Purchase Money Notes Guarantor Required Lenders or all the Lenders, as the case may be) may deem reasonably advisable from time to time, and . Neither the Administrative Agent nor any collateral security, guaranty or right of offset at any time held by the Collateral Agent for the payment of the Secured Obligations may be sold (in the case of any such collateral security), exchanged, waived, surrendered or released. The Collateral Agent 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 guaranty contained in this Article VI Section 2 or any property subject thereto. The Administrative Agent or the Lenders may, from time to time, at their sole discretion and without notice to Guarantor, take any or all of the following actions: (a) retain or obtain a security interest in any property to secure any of the Secured Obligations or any obligation hereunder, (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the undersigned, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured Obligations, 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 Secured Obligations, (d) release any guaranty or right of offset or its security interest in, or surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Secured 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 property, and (e) resort to the undersigned (or any of them) for payment of any of the Secured Obligations when due, whether or not the Administrative Agent or the Lenders shall have resorted to any property securing any of the Secured 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 Secured Obligations.

Appears in 2 contracts

Samples: Guaranty and Collateral Agreement (Qumu Corp), Guaranty and Collateral Agreement (Qumu Corp)

Amendments, etc. with respect to the Secured Obligations. (a) Each Grantor Guarantor shall remain obligated pursuant to this Agreement notwithstanding thathereunder, without any reservation of rights against any Grantor Guarantor and without notice to or further assent by any GrantorGuarantor, notwithstanding the fact that: (a) any demand for payment of any of the Secured Obligations made by the Collateral Agent or the Purchase Money Notes Guarantor any other Secured Party may be rescinded by Agent or such Person Secured Party and any of the Secured Obligations continued, and (b) the Secured Obligations, or the liability Liability of any other Person upon or for any part thereof, or any collateral security or 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, or (c) any of the Purchase Money Notes Guarantor, and the Purchase Money Notes Guaranty, any Purchase Money Notes and Credit Agreement or the other Ancillary 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 Purchase Money Notes Guarantor any other Secured Party may deem reasonably advisable from time to time, and . Neither Agent nor any collateral security, guaranty or right of offset at any time held by the Collateral Agent for the payment of the other Secured Obligations may be sold (in the case of any such collateral security), exchanged, waived, surrendered or released. The Collateral Agent Party shall not have any obligation to protect, secure, perfect or insure any Lien at any time held by it them as security for the Secured Obligations or for the guaranty contained in this Article VI Section 2 or any property subject thereto. (b) Agent and each 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 of any Guarantor hereunder and without incurring any Liability hereunder: (a) receive, take and hold additional Collateral to secure any of the Secured Obligations or any obligation hereunder, (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the undersigned, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured Obligations or otherwise modify, amend, supplement or otherwise change any Secured 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 Secured Obligations or otherwise in connection with the Loan Documents, (d) 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 Secured 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, (e) resort to the undersigned (or any of them) for payment of any of the Secured Obligations when due, whether or not Agent or the other Secured Parties shall have resorted to any personal property securing any of the Secured 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 Secured Obligations, (f) apply to the Secured Obligations any sums by whomever paid or however realized to any Secured Obligation in such order as provided in the Loan Documents, (g) refund at any time any payment received by any Secured Party in respect of any Secured Obligation, (h) 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 Secured Obligation or any other guaranty therefor in any manner, (i) otherwise deal in any manner with Borrower, any other Guarantor, any other Grantor or any other Loan Party, maker or endorser of any Secured Obligation or any part thereof, and/or (j) settle, release, compromise, collect or otherwise liquidate the Secured Obligations.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Aerie Pharmaceuticals Inc), Guaranty and Security Agreement (Aerie Pharmaceuticals Inc)

Amendments, etc. with respect to the Secured Obligations. Each Grantor Guarantor shall remain obligated pursuant to this Agreement hereunder notwithstanding that, without any reservation of rights against any Grantor Guarantor and without notice to or further assent by any GrantorGuarantor, any demand for payment of any of the Secured Obligations made by the Collateral Administrative Agent or the Purchase Money Notes Guarantor any Lender may be rescinded by the Administrative Agent or such Person 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 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 Administrative Agent or the Purchase Money Notes Guarantorany Lender, and the Purchase Money Notes Guaranty, any Purchase Money Notes Credit Agreement and the other Ancillary 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 Purchase Money Notes Guarantor Required Lenders or all the Lenders, as the case may be) and, to the extent required thereunder, the other parties thereto may deem reasonably advisable from time to time, and . Neither the Administrative Agent nor any collateral security, guaranty or right of offset at any time held by the Collateral Agent for the payment of the Secured Obligations may be sold (in the case of any such collateral security), exchanged, waived, surrendered or released. The Collateral Agent 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 guaranty contained in this Article VI Section 2 or any property subject thereto. The Administrative Agent or any Lender may, from time to time, at its sole discretion and without notice to any Guarantor (or any of them), take any or all of the following actions: (a) retain or obtain a security interest in any property to secure any of the Secured Obligations or any obligation hereunder, (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the undersigned, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured Obligations, 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 Secured Obligations, (d) release any guaranty or right of offset or its security interest in, or surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Secured 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 property, and (e) resort to the undersigned (or any of them) for payment of any of the Secured Obligations when due, whether or not the Administrative Agent or such Lender shall have resorted to any property securing any of the Secured 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 Secured Obligations.

Appears in 2 contracts

Samples: Guaranty and Collateral Agreement (Russ Berrie & Co Inc), Guaranty and Collateral Agreement (Russ Berrie & Co Inc)

Amendments, etc. with respect to the Secured Obligations. (a) Each Grantor Guarantor shall remain obligated pursuant to this Agreement hereunder notwithstanding that, without any reservation of rights against any Grantor Guarantor and without notice to or further assent by any GrantorGuarantor, any demand for payment of any of the Secured Obligations made by the Collateral Administrative Agent or the Purchase Money Notes Guarantor may be rescinded by such Person Administrative Agent (acting at the direction of the Required Lenders) 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 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 Administrative Agent (acting at the Collateral Agent or direction of the Purchase Money Notes GuarantorRequired Lenders) , and the Purchase Money Notes Guaranty, any Purchase Money Notes Credit Agreement and the other Ancillary 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 Purchase Money Notes Guarantor may deem reasonably advisable from time to time, and . Neither any collateral security, guaranty or right of offset at Agent nor any time held by the Collateral Agent for the payment of the Secured Obligations may be sold (in the case of any such collateral security), exchanged, waived, surrendered or released. The Collateral Agent 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 guaranty contained in this Article VI Section or any property subject thereto. (b) The Administrative Agent or the Collateral Agent (each, acting at the direction of the Required Lenders) may, from time to time, at its sole discretion and without notice to any Guarantor (or any of them), take any or all of the following actions: (1) retain or obtain a security interest in any property to secure any of the Secured Obligations or any obligation hereunder, (2) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the undersigned, with respect to any of the Secured Obligations, (3) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured Obligations, 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 Secured Obligations, (4) release any guaranty or right of offset or its security interest in, or surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Secured 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 property, and (5) resort to the undersigned (or any of them) for payment of any of the Secured Obligations when due, whether or not any Agent or such Lender shall have resorted to any property securing any of the Secured 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 Secured Obligations.

Appears in 1 contract

Samples: Senior Subordinate Superpriority Secured Debtor in Possession Credit Agreement (ProSomnus, Inc.)

Amendments, etc. with respect to the Secured Obligations. Each Grantor Guarantor shall remain obligated pursuant to this Agreement hereunder notwithstanding that, without any reservation of rights against any Grantor Guarantor and without notice to or further assent by any GrantorGuarantor, any demand for payment of any of the Secured Obligations made by the Collateral Administrative Agent or the Purchase Money Notes Guarantor any Lender may be rescinded by the Administrative Agent or such Person 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 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 Administrative Agent or the Purchase Money Notes Guarantorany Lender, and the Purchase Money Notes Guaranty, any Purchase Money Notes Credit Agreement and the other Ancillary 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 Purchase Money Notes Guarantor Required Lenders or all the Lenders, as the case may be) may deem reasonably advisable from time to time, and . Neither the Administrative Agent nor any collateral security, guaranty or right of offset at any time held by the Collateral Agent for the payment of the Secured Obligations may be sold (in the case of any such collateral security), exchanged, waived, surrendered or released. The Collateral Agent 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 guaranty contained in this Article VI Section 2 or any property subject thereto. The Administrative Agent or any Lender may, from time to time, at its sole discretion and without notice to any Guarantor (or any of them), take any or all of the following actions without affecting any of the Secured Obligations: (a) retain or obtain a security interest in any property to secure any of the Secured Obligations or any obligation hereunder, (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Grantors, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured Obligations, or release or compromise any obligation of any of the Grantors hereunder or any obligation of any nature of any other obligor with respect to any of the Secured Obligations, (d) release any guaranty or right of offset or its security interest in, or surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Secured Obligations or any obligation hereunder, fail to perfect or keep perfected or impair any such security interest, 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 property, and (e) resort to the Grantor (or any of them) for payment of any of the Secured Obligations when due, whether or not the Administrative Agent or such Lender shall have resorted to any property securing any of the Secured Obligations or any obligation hereunder or shall have proceeded against any other of the Grantor or any other obligor primarily or secondarily obligated with respect to any of the Secured Obligations.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (Westell Technologies Inc)

Amendments, etc. with respect to the Secured Obligations. Each Grantor To the maximum extent permitted by law, each Guarantor shall remain obligated pursuant to this Agreement hereunder notwithstanding that, without any reservation of rights against any Grantor Guarantor and without notice to or further assent by any GrantorGuarantor, any demand for payment of any of the Secured Obligations made by the Collateral Agent or the Purchase Money Notes Guarantor any other Secured Creditor may be rescinded by the Collateral Agent or such Person other Secured Creditor 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 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, subordinated, waived, surrendered or released by the Collateral Agent or the Purchase Money Notes Guarantorany other Secured Creditor, and this Agreement, the Purchase Money Notes Guaranty, any Purchase Money Notes Credit Agreement and the other Ancillary Documents Secured Debt Agreements and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, in accordance with their respective terms, as the Collateral Agent (or the Purchase Money Notes Guarantor Required Secured Creditors or the applicable Hedging Creditors solely with respect to Secured Hedging Agreements) may deem reasonably advisable from time to time, and any collateral security, guaranty or right of offset at any time held by the Collateral Agent or any other Secured Creditor for the payment of any of the Secured Obligations may be sold (in the case of any such collateral security)sold, exchanged, waived, surrendered or released. The Neither the Collateral Agent nor any other Secured Creditor shall not have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Secured Obligations or for the guaranty contained in this Article VI II or any property subject thereto, except to the extent required by applicable law.

Appears in 1 contract

Samples: Credit Agreement (Semtech Corp)

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Amendments, etc. with respect to the Secured Obligations. Each Grantor shall remain obligated pursuant to this Agreement notwithstanding that, without any reservation of rights against any Grantor and without notice to or further assent by any Grantor, any demand for payment of any of the Secured Obligations made by the Collateral Agent or the Purchase Money Notes Note Guarantor may be rescinded by such Person 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 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 the Purchase Money Notes Note Guarantor, and the Purchase Money Notes Note Guaranty, any the Purchase Money Notes Note and the other Ancillary 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 Purchase Money Notes Note Guarantor may deem reasonably advisable from time to time, and any collateral security, guaranty or right of offset at any time held by the Collateral Agent for the payment of the Secured Obligations may be sold (in the case of any such collateral security), exchanged, waived, surrendered or released. The Collateral Agent 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 guaranty contained in this Article VI or any property subject thereto.

Appears in 1 contract

Samples: Reimbursement and Security Agreement

Amendments, etc. with respect to the Secured Obligations. Each Grantor The Company shall remain obligated pursuant to this Agreement hereunder notwithstanding that, without any reservation of rights against any Grantor the Company and without notice to or further assent by any Grantorthe Company, any demand for payment of any of the Secured Obligations made by the Collateral Administrative Agent or the Purchase Money Notes Guarantor any Lender may be rescinded by the Administrative Agent or such Person 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 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 Administrative Agent or the Purchase Money Notes Guarantorany Lender, and the Purchase Money Notes Guaranty, any Purchase Money Notes Credit Agreement and the other Ancillary 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 Purchase Money Notes Guarantor Required Lenders or all the Lenders, as the case may be) and, to the extent required thereunder, the other parties thereto may deem reasonably advisable from time to time, and . Neither the Administrative Agent nor any collateral security, guaranty or right of offset at any time held by the Collateral Agent for the payment of the Secured Obligations may be sold (in the case of any such collateral security), exchanged, waived, surrendered or released. The Collateral Agent 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 guaranty contained in this Article VI Section 2 or any property subject thereto. The Administrative Agent or any Lender may, from time to time, at its sole discretion and without notice to the Company, take any or all of the following actions: (a) retain or obtain a security interest in any property of any other Person to secure any of the Secured Obligations or any obligation hereunder, (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Company, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured Obligations, or release or compromise any obligation of any of Borrowers or any obligation of any nature of any other obligor with respect to any of the Secured Obligations, (d) release any guaranty or right of offset or its security interest in, or surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Secured 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 property, and (e) Subject to Section 6.1, resort to the Company for payment of any of the Secured Obligations when due, whether or not the Administrative Agent or such Lender shall have resorted to any property securing any of the Secured Obligations or any obligation hereunder or shall have proceeded against the Borrowers or any other obligor primarily or secondarily obligated with respect to any of the Secured Obligations.

Appears in 1 contract

Samples: Limited Recourse Guaranty and Collateral Agreement (Russ Berrie & Co Inc)

Amendments, etc. with respect to the Secured Obligations. Each Grantor Guarantor shall remain obligated pursuant to this Agreement hereunder notwithstanding that, without any reservation of rights against any Grantor Guarantor and without notice to or further assent by any GrantorGuarantor, any demand for payment of any of the Secured Obligations made by the Collateral Agent or the Purchase Money Notes Guarantor any Secured Party may be rescinded by the Collateral Agent or such Person 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 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 the Purchase Money Notes Guarantorany Secured Party, and the Purchase Money Notes Guaranty, any Purchase Money Notes Intercreditor Agreement and the other Ancillary 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 Purchase Money Notes Guarantor Required Secured Parties or all the Secured Parties, as the case may be) may deem reasonably advisable from time to time, and any collateral security, guaranty or right of offset at any time held by in accordance with their respective terms. Neither the Collateral Agent for the payment of the nor any Secured Obligations may be sold (in the case of any such collateral security), exchanged, waived, surrendered or released. The Collateral Agent 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 guaranty contained in this Article VI Section 2 or any property subject thereto. The Collateral Agent or any Secured Party may, from time to time, at its sole discretion and without notice to any Guarantor (or any of them), take any or all of the following actions: (a) retain or obtain a security interest in any property to secure any of the Secured Obligations or any obligation hereunder, (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the undersigned, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured Obligations, 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 Secured Obligations, (d) release any guaranty or right of offset or its security interest in, or surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Secured 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 property, and (e) resort to the undersigned (or any of them) for payment of any of the Secured Obligations when due, whether or not the Collateral Agent or such Secured Party shall have resorted to any property securing any of the Secured 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 Secured Obligations.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (Proquest Co)

Amendments, etc. with respect to the Secured Obligations. Each Grantor Guarantor shall remain obligated pursuant to this Agreement hereunder notwithstanding that, without any reservation of rights against any Grantor Guarantor and without notice to or further assent by any GrantorGuarantor, any demand for payment of any of the Secured Obligations made by the Collateral Administrative Agent or the Purchase Money Notes Guarantor any Lender may be rescinded by the Administrative Agent or such Person 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 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 Administrative Agent or the Purchase Money Notes Guarantorany Lender, and the Purchase Money Notes GuarantyCredit Agreement, any Purchase Money Notes and the other Ancillary Documents and Loan Document or any other documents document 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 Purchase Money Notes Guarantor Required Lenders or all the Lenders, as the case may be) may deem reasonably advisable from time to time, and . Neither the Administrative Agent nor any collateral security, guaranty or right of offset at any time held by the Collateral Agent for the payment of the Secured Obligations may be sold (in the case of any such collateral security), exchanged, waived, surrendered or released. The Collateral Agent 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 guaranty contained in this Article VI Section 2 or any property subject thereto. The Administrative Agent or any Lender may, from time to time, at its sole discretion and without notice to the Guarantors (or any of them), take any or all of the following actions without affecting in any manner the obligations of the Guarantors hereunder: (a) retain or obtain a security interest in any property to secure any of the Secured Obligations or any obligation hereunder, (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Grantors, with respect to any of the Secured Obligations, (c) extend or renew any of the Secured Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Secured Obligations or release or compromise any obligation of any Grantor hereunder or any obligation of any nature of any other obligor with respect to any of the Secured Obligations, (d) release any guaranty or right of offset or its security interest in, or surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Secured 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 property, and (e) resort to the Grantors (or any of them) for payment of any of the Secured Obligations when due, whether or not the Administrative Agent or such Lender shall have resorted to any property securing any of the Secured Obligations or any obligation hereunder or shall have proceeded against any other of the Grantors or any other obligor primarily or secondarily obligated with respect to any of the Secured Obligations.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (Kanbay International Inc)

Amendments, etc. with respect to the Secured Obligations. Each Grantor shall will remain obligated pursuant to this Agreement notwithstanding that, without any reservation of rights against any Grantor and without notice to or further assent by any Grantor, any demand for payment of any of the Secured Obligations made by the Collateral Agent or the any Holder, any Purchase Money Notes Guarantor Guarantor, the PMN Agent or any other Secured Party may be rescinded by such Person and or any of the Secured Obligations continued, and or the Secured Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or 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 the any Holder, any Purchase Money Notes Guarantor, and the PMN Agent or any the other Secured Party, or any Purchase Money Notes GuarantyNote, any Purchase Money Notes and the Guaranty and/or any other Ancillary Documents and Transaction Document, or any other documents executed and delivered in connection therewith therewith, may be amended, modified, supplemented or terminated, in whole or in part, as the Collateral Agent or the Purchase Money Notes Guarantor may deem reasonably advisable from time to time, and any collateral security, guaranty or right of offset at any time held by the Collateral PMN Agent for the payment of the Secured Obligations may be sold (in the case of any such collateral security), exchanged, waived, surrendered or released. The Collateral PMN Agent shall does 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 guaranty contained in this Article VI or any property subject thereto.

Appears in 1 contract

Samples: Reimbursement, Security and Guaranty Agreement

Amendments, etc. with respect to the Secured Obligations. Each Grantor shall remain obligated pursuant to this Agreement notwithstanding that, without any reservation of rights against any Grantor and without notice to or further assent by any Grantor, any demand for payment of any of the Secured Obligations made by the Collateral Agent or the Purchase Money Notes Guarantor may be rescinded by such Person 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 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 the Purchase Money Notes Guarantor, and the Purchase Money Notes Guaranty, any Purchase Money Notes and the other Ancillary Transaction 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 Purchase Money Notes Guarantor may deem reasonably advisable from time to time, and any collateral security, guaranty or right of offset at any time held by the Collateral Agent for the payment of the Secured Obligations may be sold (in the case of any such collateral security), exchanged, waived, surrendered or released. The Collateral Agent 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 guaranty contained in this Article VI or any property subject thereto.

Appears in 1 contract

Samples: Reimbursement, Security and Guaranty Agreement

Amendments, etc. with respect to the Secured Obligations. Each Grantor shall remain obligated pursuant to this Agreement notwithstanding that, without any reservation of rights against any Grantor and without notice to or further assent by any Grantor, : (i) any demand for payment of any of the Secured Obligations made by any of the Collateral Agent or the Purchase Money Notes Guarantor Secured Parties may be rescinded by such Person and any of the Secured Obligations continued, and ; (ii) the Secured Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or 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 Agent, the Notes Designee, any Note Holder or any Lender (as applicable); (iii) the Purchase Money Notes GuarantorNote, and the Purchase Money Notes GuarantyAdvance Facility Agreement, any Purchase Money Notes and the other Ancillary PA Financing Transaction Documents and 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 Agent, the Notes Designee, any Note Holder or the Purchase Money Notes Guarantor any Lender (as applicable) may deem reasonably advisable from time to time, ; and (iv) any collateral security, guaranty or right of offset at any time held by the Collateral Agent for the payment of the Secured Obligations may be sold (in the case of any such collateral security), exchanged, waived, surrendered or released. The Collateral Agent 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 guaranty contained in this Article VI II or any property subject thereto.

Appears in 1 contract

Samples: Security Agreement (First Citizens Bancshares Inc /De/)

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