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

Amendments, etc. with respect to the Subsidiary Borrower Obligations. IBM shall remain obligated under this Section 10 notwithstanding that, without any reservation of rights against IBM, and without notice to or further assent by IBM, any demand for payment of or reduction in the principal amount of any of the Subsidiary Borrower Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Subsidiary Borrower Obligations continued, and the Subsidiary Borrower Obligations, or the liability of any other 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 Administrative Agent or any Lender, and this Agreement and any other documents executed and delivered in connection herewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required 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 Administrative Agent or any Lender for the payment of the Subsidiary Borrower Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any lien at any time held by it as security for the Subsidiary Borrower Obligations or for the guarantee contained in this Section 10 or any property subject thereto.

Appears in 8 contracts

Samples: Three Year Credit Agreement (International Business Machines Corp), Five Year Credit Agreement (International Business Machines Corp), Five Year Credit Agreement (International Business Machines Corp)

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Amendments, etc. with respect to the Subsidiary Borrower Obligations. IBM The Borrower shall remain obligated under this Section 10 hereunder notwithstanding that, without any reservation of rights against IBM, the Borrower and without notice to or further assent by IBMthe Borrower, any demand for payment of or reduction in the principal amount of any of the Subsidiary Borrower Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, Lender and any of the Subsidiary Borrower Obligations continued, and the Subsidiary Borrower Obligations, or the liability of any other party 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 or any Lender, and this the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection herewith therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders Administrative Agent (or the Required 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 Administrative Agent or any Lender for the payment of the Subsidiary Borrower Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any lien Lien at any time held by it as security for the Subsidiary Borrower Obligations or for the guarantee contained in this Section 10 2 or any property subject thereto.

Appears in 7 contracts

Samples: Credit Agreement (Avis Budget Group, Inc.), Guarantee and Collateral Agreement (Scotts Miracle-Gro Co), Guarantee and Collateral Agreement (Scotts Miracle-Gro Co)

Amendments, etc. with respect to the Subsidiary Borrower Obligations. IBM CCSC shall remain obligated under this Section 10 Article IX notwithstanding that, without any reservation of rights against IBMCCSC, and without notice to or further assent by IBMCCSC, any demand for payment of or reduction in the principal amount of any of the Subsidiary Borrower Obligations made by the Administrative Agent Agents, the Issuing Bank or any Lender may be rescinded by the Administrative Agent Agents, the Issuing Bank or such Lender, and any of the Subsidiary Borrower Obligations continued, and the Subsidiary Borrower Obligations, or the liability of any other 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 Administrative Agent Agents, the Issuing Bank or any Lender, and this Agreement and any other documents executed and delivered in connection herewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required 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 Administrative Agent Agents, the Issuing Bank or any Lender for the payment of the Subsidiary Borrower Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent Agents, the Issuing Bank nor any Lender shall have any obligation to protect, secure, perfect or insure any lien at any time held by it as security for the Subsidiary Borrower Obligations or for the guarantee contained in this Section 10 Article IX or any property subject thereto.

Appears in 2 contracts

Samples: Credit Agreement (Crown Cork & Seal Co Inc), Credit Agreement (Crown Cork & Seal Co Inc)

Amendments, etc. with respect to the Subsidiary Borrower Obligations. IBM The Company shall remain obligated under this Section 10 hereunder notwithstanding that, without any reservation of rights against IBM, the Company and without notice to or further assent by IBMthe Company, any demand for payment of or reduction in the principal amount of any of the Subsidiary Borrower Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, Lender and any of the Subsidiary Borrower Obligations continued, and the Subsidiary Borrower Obligations, or the liability of any other party 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 or any Lender, and this the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection herewith therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders Administrative Agent (or the Required 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 Administrative Agent or any Lender for the payment of the Subsidiary Borrower Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any lien Lien at any time held by it as security for the Subsidiary Borrower Obligations or for the guarantee contained in this Section 10 2 or any property subject thereto.

Appears in 1 contract

Samples: Credit Agreement (Scotts Miracle-Gro Co)

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Amendments, etc. with respect to the Subsidiary Borrower Obligations. IBM The Borrower shall remain obligated under this Section 10 hereunder notwithstanding that, without any reservation of rights against IBM, the Borrower and without notice to or further assent by IBMthe Borrower, any demand for payment of or reduction in the principal amount of any of the Subsidiary Borrower Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, Lender and any of the Subsidiary Borrower Obligations continued, and the Subsidiary Borrower Obligations, or the liability of any other party 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 or any Lender, and this the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection herewith therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders Administrative Agent (or the Majority Facility Lenders, Supermajority Lenders, the Required 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 Administrative Agent or any Lender for the payment of the Subsidiary Borrower Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any lien Lien at any time held by it as security for the Subsidiary Borrower Obligations or for the guarantee contained in this Section 10 2 or any property subject thereto.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Scotts Miracle-Gro Co)

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