Authorization; Other Agreements. The Secured Parties are hereby authorized, without notice to or demand upon any Guarantor and without discharging or otherwise affecting the obligations of any Guarantor hereunder and without incurring any liability hereunder, from time to time, to do each of the following: (a) (i) modify, amend, supplement or otherwise change, (ii) accelerate or otherwise change the time of payment or (iii) waive or otherwise consent to noncompliance with, any Guaranteed Obligation or any Loan Document; (b) apply to the Guaranteed Obligations any sums by whomever paid or however realized to any Guaranteed Obligation in such order as provided in the Loan Documents; (c) refund at any time any payment received by any Secured Party in respect of any Guaranteed Obligation; (d) (i) 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 Guaranteed Obligation or any other guaranty therefor in any manner, (ii) receive, take and hold additional Collateral to secure any Guaranteed Obligation, (iii) add, release or substitute any one or more other Guarantors, makers or endorsers of any Guaranteed Obligation or any part thereof and (iv) otherwise deal in any manner with the Borrower and any other Guarantor, maker or endorser of any Guaranteed Obligation or any part thereof; and (e) settle, release, compromise, collect or otherwise liquidate the Guaranteed Obligations.
Appears in 9 contracts
Samples: Guaranty and Security Agreement (GSE Holding, Inc.), First Lien Guaranty and Security Agreement (GSE Holding, Inc.), Second Lien Guaranty and Security Agreement (GSE Holding, Inc.)
Authorization; Other Agreements. The Secured Guarantied Parties are hereby authorized, without notice to to, or demand upon upon, any Guarantor Guarantor, which notice and demand requirements each are expressly waived hereby, and without discharging or otherwise affecting the obligations of any Guarantor hereunder (which obligations shall remain absolute and without incurring unconditional notwithstanding any liability hereundersuch action or omission to act), from time to time, to do each of the following:
(a) (i) modifysupplement, amendrenew, supplement or otherwise changeextend, (ii) accelerate or otherwise change the time for payment of, or other terms relating to, the Obligations, or any part of payment them, or otherwise modify, amend or change the terms of any promissory note or other agreement, document or instrument (iiiincluding the other Loan Documents) now or hereafter executed by the Borrower and delivered to the Guarantied Parties or any of them, including any increase or decrease of principal or the rate of interest thereon;
(b) waive or otherwise consent to noncompliance withwith any provision of any instrument evidencing the Obligations, any Guaranteed Obligation or any part thereof, or any other instrument or agreement in respect of the Obligations (including the other Loan Document;
(bDocuments) apply now or hereafter executed by the Borrower and delivered to the Guaranteed Obligations Guarantied Parties or any sums by whomever paid or however realized to any Guaranteed Obligation in such order as provided in the Loan Documentsof them;
(c) refund at any time any payment received by any Secured Party in respect of any Guaranteed Obligationaccept partial payments on the Obligations;
(d) (i) sellreceive, take and hold security or collateral for the payment of the Obligations or any part of them and exchange, enforce, waive, substitute, liquidate, terminate, release, abandon, fail to perfect, subordinate, accepttransfer, substitute, surrender, exchange, affect, impair or otherwise alter or and release any Collateral for any Guaranteed Obligation such security or any other guaranty therefor in any manner, (ii) receive, take and hold additional Collateral to secure any Guaranteed Obligation, (iii) add, release or substitute any one or more other Guarantors, makers or endorsers of any Guaranteed Obligation or any part thereof and (iv) otherwise deal in any manner with the Borrower and any other Guarantor, maker or endorser of any Guaranteed Obligation or any part thereof; and
(e) settle, release, compromise, collect or otherwise liquidate the Guaranteed Obligations.collateral;
Appears in 9 contracts
Samples: 364 Day Revolving Credit Agreement (Marathon Petroleum Corp), Revolving Credit Agreement (Marathon Petroleum Corp), Revolving Credit Agreement (Marathon Petroleum Corp)
Authorization; Other Agreements. The Secured Guarantied Parties are hereby authorized, without notice to to, or demand upon upon, any Guarantor Subsidiary Guarantor, which notice and demand requirements each are expressly waived hereby, and without discharging or otherwise affecting the obligations of any Subsidiary Guarantor hereunder (which obligations shall remain absolute and without incurring unconditional notwithstanding any liability hereundersuch action or omission to act), from time to time, to do each of the following:
(a) (i) modifysupplement, amendrenew, supplement or otherwise changeextend, (ii) accelerate or otherwise change the time for payment of, or other terms relating to, the Obligations, or any part of payment them, or otherwise modify, amend or change the terms of any promissory note or other agreement, document or instrument (iiiincluding the other Loan Documents) now or hereafter executed by the Borrower and delivered to the Guarantied Parties or any of them, including any increase or decrease of principal or the rate of interest thereon;
(b) waive or otherwise consent to noncompliance with, with any Guaranteed Obligation or any Loan Document;
(b) apply to the Guaranteed Obligations any sums by whomever paid or however realized to any Guaranteed Obligation in such order as provided in the Loan Documents;
(c) refund at any time any payment received by any Secured Party in respect provision of any Guaranteed Obligation;
(d) (i) sellinstrument evidencing the Obligations, 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 Guaranteed Obligation or any other guaranty therefor in any manner, (ii) receive, take and hold additional Collateral to secure any Guaranteed Obligation, (iii) add, release or substitute any one or more other Guarantors, makers or endorsers of any Guaranteed Obligation or any part thereof and (iv) otherwise deal in any manner with the Borrower and any other Guarantor, maker or endorser of any Guaranteed Obligation or any part thereof; and
, or any other instrument or agreement in respect of the Obligations (eincluding the other Loan Documents) settle, release, compromise, collect now or otherwise liquidate hereafter executed by the Guaranteed Obligations.Borrower and delivered to the Guarantied Parties or any of them;
Appears in 3 contracts
Samples: Credit Agreement (Marathon Petroleum Corp), Revolving Credit Agreement (MPLX Lp), Revolving Credit Agreement (Marathon Petroleum Corp)
Authorization; Other Agreements. The Secured Guarantied Parties are hereby authorized, without notice to to, or demand upon upon, any Guarantor Guarantor, which notice and demand requirements each are expressly waived hereby, and without discharging or otherwise affecting the obligations of any such Guarantor hereunder (which obligations shall remain absolute and without incurring unconditional notwithstanding any liability hereundersuch action or omission to act), from time to time, to do each of the following:
(a) (i) modifysupplement, amendrenew, supplement or otherwise changeextend, (ii) accelerate or otherwise change the time for payment of, or other terms relating to, the Obligations, or any part of payment them, or otherwise modify, amend or change the terms of any promissory note or other agreement, document or instrument (iiiincluding the other Loan Documents) now or hereafter executed by the Borrower and delivered to the Guarantied Parties or any of them, including any increase or decrease of principal or the rate of interest thereon;
(b) waive or otherwise consent to noncompliance withwith any provision of any instrument evidencing the Obligations, any Guaranteed Obligation or any part thereof, or any other instrument or agreement in respect of the Obligations (including the other Loan Document;
(bDocuments) apply now or hereafter executed by the Borrower and delivered to the Guaranteed Obligations Guarantied Parties or any sums by whomever paid or however realized to any Guaranteed Obligation in such order as provided in the Loan Documentsof them;
(c) refund at any time any payment received by any Secured Party in respect of any Guaranteed Obligationaccept partial payments on the Obligations;
(d) (i) sellreceive, take and hold additional security or collateral for the payment of the Obligations or any part of them and exchange, enforce, waive, substitute, liquidate, terminate, release, abandon, fail to perfect, subordinate, accepttransfer, substitute, surrender, exchange, affect, impair or otherwise alter or and release any Collateral for any Guaranteed Obligation such additional security or any other guaranty therefor in any manner, (ii) receive, take and hold additional Collateral to secure any Guaranteed Obligation, (iii) add, release or substitute any one or more other Guarantors, makers or endorsers of any Guaranteed Obligation or any part thereof and (iv) otherwise deal in any manner with the Borrower and any other Guarantor, maker or endorser of any Guaranteed Obligation or any part thereof; andcollateral;
(e) settle, release, compromise, collect or otherwise liquidate the Guaranteed Obligations or accept, substitute, release, exchange or otherwise alter, affect or impair any security or collateral for the Obligations or any part of them or any other guaranty therefor, in any manner;
(f) add, release or substitute any one or more other guarantors, makers or endorsers of the Obligations or any part of them and otherwise deal with the Borrower or any other guarantor, maker or endorser;
(g) apply to the Obligations any payment or recovery (x) from the Borrower, from any other guarantor, maker or endorser of the Obligations or any part of them or (y) from any Guarantor in such order as provided herein, in each case whether such Obligations are secured or unsecured or guaranteed or not guaranteed by others;
(h) apply to the Obligations any payment or recovery from any Guarantor of the Obligations or any sum realized from security furnished by such Guarantor upon its indebtedness or obligations to the Guarantied Parties or any of them, in each case whether or not such indebtedness or obligations relate to the Obligations; and
(i) refund at any time any payment received by any Guarantied Party in respect of any Obligation, and payment to such Guarantied Party of the amount so refunded shall be fully guaranteed hereby even though prior thereto this Guaranty shall have been cancelled or surrendered (or any release or termination of any Collateral by virtue thereof), and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of any Guarantor hereunder in respect of the amount so refunded (and any Collateral so released or terminated shall be reinstated with respect to such obligations); even if any right of reimbursement or subrogation or other right or remedy of any Guarantor is extinguished, affected or impaired by any of the foregoing (including any election of remedies by reason of any judicial, non-judicial or other proceeding in respect of the Obligations that impairs any subrogation, reimbursement or other right of such Guarantor).
Appears in 2 contracts
Samples: Guaranty (Amc Entertainment Inc), Guaranty (Warnaco Group Inc /De/)
Authorization; Other Agreements. The Secured Guarantied Parties are hereby authorized, without notice to to, or demand upon upon, any Guarantor Guarantor, which notice and demand requirements each are expressly waived hereby (to the extent permitted by law), and without discharging or otherwise affecting the obligations of any Guarantor hereunder (which obligations shall remain absolute and without incurring unconditional notwithstanding any liability hereundersuch action or omission to act), from time to time, to do each of the following:following (in each case, to the extent applicable, in accordance with the terms of the other Loan Documents):
(a) (i) modifysupplement, amendrenew, supplement or otherwise changeextend, (ii) accelerate or otherwise change the time for payment of, or other terms relating to, the Secured Obligations, or any part of payment them, or otherwise modify, amend or change the terms of any Loan Document, any Hedging Agreement or any other document relating to the Secured Obligations, in each case now or hereafter executed by Borrowers and delivered to the Guarantied Parties or any of them, including any increase or decrease of principal or the rate of interest thereon;
(iiib) waive or otherwise consent to noncompliance withwith any provision of any instrument evidencing the Secured Obligations, any Guaranteed Obligation or any part thereof, or any other instrument or agreement in respect of the Secured Obligations (including the other Loan Document;
(bDocuments) apply now or hereafter executed by Borrowers and delivered to the Guaranteed Obligations Guarantied Parties or any sums by whomever paid or however realized to any Guaranteed Obligation in such order as provided in the Loan Documentsof them;
(c) refund at any time any payment received by any accept partial payments on the Secured Party in respect of any Guaranteed ObligationObligations;
(d) (i) sellreceive, take and hold additional security or collateral for the payment of the Secured Obligations or any part of them and exchange, enforce, waive, substitute, liquidate, terminate, release, abandon, fail to perfect, subordinate, accepttransfer, substitute, surrender, exchange, affect, impair or otherwise alter or and release any Collateral for any Guaranteed Obligation such additional security or any other guaranty therefor in any manner, (ii) receive, take and hold additional Collateral to secure any Guaranteed Obligation, (iii) add, release or substitute any one or more other Guarantors, makers or endorsers of any Guaranteed Obligation or any part thereof and (iv) otherwise deal in any manner with the Borrower and any other Guarantor, maker or endorser of any Guaranteed Obligation or any part thereof; andcollateral;
(e) settle, release, compromise, collect or otherwise liquidate the Guaranteed Obligations.Secured Obligations or accept, substitute, release, exchange or otherwise alter, affect or impair any security or collateral for the Secured Obligations or any part of them or any other guarantee therefor, in any manner;
Appears in 2 contracts
Samples: First Lien Credit Agreement (Emdeon Inc.), First Lien Credit Agreement (Emdeon Inc.)
Authorization; Other Agreements. The Secured Guarantied Parties are hereby authorized, without notice to to, or demand upon upon, any Guarantor Guarantor, which notice and demand requirements each are expressly waived hereby (to the extent permitted by law), and without discharging or otherwise affecting the obligations of any Guarantor hereunder (which obligations shall remain absolute and without incurring unconditional notwithstanding any liability hereundersuch action or omission to act), from time to time, to do each of the following:following (in each case, to the extent applicable, in accordance with the terms of the other Loan Documents):
(a) (i) modifysupplement, amendrenew, supplement or otherwise changeextend, (ii) accelerate or otherwise change the time for payment of, or other terms relating to, the Secured Obligations, or any part of payment them, or otherwise modify, amend or change the terms of any Loan Document, any Hedging Agreement or any other document relating to the Secured Obligations, in each case now or hereafter executed by Borrowers and delivered to the Guarantied Parties or any of them, including any increase or decrease of principal or the rate of interest thereon;
(iiib) waive or otherwise consent to noncompliance withwith any provision of any instrument evidencing the Secured Obligations, any Guaranteed Obligation or any part thereof, or any other instrument or agreement in respect of the Secured Obligations (including the other Loan Document;
(bDocuments) apply now or hereafter executed by Borrowers and delivered to the Guaranteed Obligations Guarantied Parties or any sums by whomever paid or however realized to any Guaranteed Obligation in such order as provided in the Loan Documentsof them;
(c) refund at any time any payment received by any accept partial payments on the Secured Party in respect of any Guaranteed ObligationObligations;
(d) (i) sellreceive, take and hold additional security or collateral for the payment of the Secured Obligations or any part of them and exchange, enforce, waive, substitute, liquidate, terminate, release, abandon, fail to perfect, subordinate, accepttransfer, substitute, surrender, exchange, affect, impair or otherwise alter or and release any Collateral for any Guaranteed Obligation such additional security or any other guaranty therefor in any manner, (ii) receive, take and hold additional Collateral to secure any Guaranteed Obligation, (iii) add, release or substitute any one or more other Guarantors, makers or endorsers of any Guaranteed Obligation or any part thereof and (iv) otherwise deal in any manner with the Borrower and any other Guarantor, maker or endorser of any Guaranteed Obligation or any part thereof; andcollateral;
(e) settle, release, compromise, collect or otherwise liquidate the Guaranteed Secured Obligations or accept, substitute, release, exchange or otherwise alter, affect or impair any security or collateral for the Secured Obligations or any part of them or any other guarantee therefor, in any manner;
(f) add, release or substitute any one or more other guarantors, makers or endorsers of the Secured Obligations or any part of them and otherwise deal with Borrowers or any other guarantor, maker or endorser;
(g) apply to the Secured Obligations any payment or recovery (x) from Borrowers, or any other guarantor, maker or endorser of the Secured Obligations or any part of them or (y) from any Guarantor in such order as provided herein, in each case whether such Secured Obligations are secured or unsecured or guaranteed or not guaranteed by others;
(h) apply to the Secured Obligations any payment or recovery from any Guarantor of the Secured Obligations or any sum realized from security furnished by such Guarantor upon its indebtedness or obligations to the Guarantied Parties or any of them, in each case whether or not such indebtedness or obligations relate to the Secured Obligations; and
(i) refund at any time any payment received by any Guarantied Party in respect of any Secured Obligation, and payment to such Guarantied Party of the amount so refunded shall be fully guaranteed hereby even though prior thereto this Guarantee Agreement shall have been cancelled or surrendered, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of any Guarantor hereunder in respect of the amount so refunded; even if any right of reimbursement or subrogation or other right or remedy of any Guarantor is extinguished, affected or impaired by any of the foregoing (including any election of remedies by reason of any judicial, non-judicial or other proceeding in respect of the Secured Obligations that impairs any subrogation, reimbursement or other right of such Guarantor).
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Emdeon Inc.), Second Lien Credit Agreement (Emdeon Inc.)
Authorization; Other Agreements. The Secured Guarantied Parties are hereby authorized, without notice to to, or demand upon upon, any Guarantor Guarantor, which notice and demand requirements each are expressly waived hereby, and without discharging or otherwise affecting the obligations of any Guarantor hereunder (which obligations shall remain absolute and without incurring unconditional notwithstanding any liability hereundersuch action or omission to act), from time to time, to do each of the following:
(a) (i) modifysupplement, amendrenew, supplement or otherwise changeextend, (ii) accelerate or otherwise change the time for payment of, or other terms relating to, the Obligations, or any part of payment them, or otherwise modify, amend or change the terms of any promissory note or other agreement, document or instrument (iiiincluding the other Loan Documents) now or hereafter executed by the Borrower and delivered to the Guarantied Parties or any of them, including any increase or decrease of principal or the rate of interest thereon;
(b) waive or otherwise consent to noncompliance withwith any provision of any instrument evidencing the Obligations, any Guaranteed Obligation or any part thereof, or any other instrument or agreement in respect of the Obligations (including the other Loan Document;
(bDocuments) apply now or hereafter executed by the Borrower and delivered to the Guaranteed Obligations Guarantied Parties or any sums by whomever paid or however realized to any Guaranteed Obligation in such order as provided in the Loan Documentsof them;
(c) refund at any time any payment received by any Secured Party in respect of any Guaranteed Obligationaccept partial payments on the Obligations;
(d) (i) sellreceive, take and hold security or collateral for the payment of the Obligations or any part of them and exchange, enforce, waive, substitute, liquidate, terminate, release, abandon, fail to perfect, subordinate, accepttransfer, substitute, surrender, exchange, affect, impair or otherwise alter or and release any Collateral for any Guaranteed Obligation such security or any other guaranty therefor in any manner, (ii) receive, take and hold additional Collateral to secure any Guaranteed Obligation, (iii) add, release or substitute any one or more other Guarantors, makers or endorsers of any Guaranteed Obligation or any part thereof and (iv) otherwise deal in any manner with the Borrower and any other Guarantor, maker or endorser of any Guaranteed Obligation or any part thereof; andcollateral;
(e) settle, release, compromise, collect or otherwise liquidate the Guaranteed Obligations.Obligations or accept, substitute, release, exchange or otherwise alter, affect or impair any security or collateral for the Obligations or any part of them or any other guaranty therefor, in any manner;
Appears in 2 contracts
Samples: Senior Unsecured 5 Year Revolving Credit Agreement (HollyFrontier Corp), Senior Unsecured 5 Year Revolving Credit Agreement (HollyFrontier Corp)
Authorization; Other Agreements. The Secured Guarantied Parties are hereby authorized, without notice to to, or demand upon upon, any Guarantor Subsidiary Guarantor, which notice and demand requirements each are expressly waived hereby, and without discharging or otherwise affecting the obligations of any Subsidiary Guarantor hereunder (which obligations shall remain absolute and without incurring unconditional notwithstanding any liability hereundersuch action or omission to act), from time to time, to do each of the following:
(a) (i) modifysupplement, amendrenew, supplement or otherwise changeextend, (ii) accelerate or otherwise change the time for payment of, or other terms relating to, the Obligations, or any part of payment them, or otherwise modify, amend or change the terms of any promissory note or other agreement, document or instrument (iiiincluding the other Loan Documents) now or hereafter executed by the Borrower and delivered to the Guarantied Parties or any of them, including any increase or decrease of principal or the rate of interest thereon;
(b) waive or otherwise consent to noncompliance withwith any provision of any instrument evidencing the Obligations, any Guaranteed Obligation or any part thereof, or any other instrument or agreement in respect of the Obligations (including the other Loan Document;
(bDocuments) apply now or hereafter executed by the Borrower and delivered to the Guaranteed Obligations Guarantied Parties or any sums by whomever paid or however realized to any Guaranteed Obligation in such order as provided in the Loan Documentsof them;
(c) refund at any time any payment received by any Secured Party in respect of any Guaranteed Obligationaccept partial payments on the Obligations;
(d) (i) sellreceive, take and hold security or collateral for the payment of the Obligations or any part of them and exchange, enforce, waive, substitute, liquidate, terminate, release, abandon, fail to perfect, subordinate, accepttransfer, substitute, surrender, exchange, affect, impair or otherwise alter or and release any Collateral for any Guaranteed Obligation such security or any other guaranty therefor in any manner, (ii) receive, take and hold additional Collateral to secure any Guaranteed Obligation, (iii) add, release or substitute any one or more other Guarantors, makers or endorsers of any Guaranteed Obligation or any part thereof and (iv) otherwise deal in any manner with the Borrower and any other Guarantor, maker or endorser of any Guaranteed Obligation or any part thereof; andcollateral;
(e) settle, release, compromise, collect or otherwise liquidate the Guaranteed Obligations.Obligations or accept, substitute, release, exchange or otherwise alter, affect or impair any security or collateral for the Obligations or any part of them or any other guaranty therefor, in any manner;
Appears in 2 contracts
Samples: Term Loan Agreement (MPLX Lp), Term Loan Agreement (Marathon Petroleum Corp)
Authorization; Other Agreements. The Secured Guarantied Parties are hereby authorized, without notice to to, or demand upon upon, any Guarantor Subsidiary Guarantor, which notice and demand requirements each are expressly waived hereby, and without discharging or otherwise affecting the obligations of any Subsidiary Guarantor hereunder (which obligations shall remain absolute and without incurring unconditional notwithstanding any liability hereundersuch action or omission to act), from time to time, to do each of the following:
(a) (i) modifysupplement, amendrenew, supplement or otherwise changeextend, (ii) accelerate or otherwise change the time for payment of, or other terms relating to, the Guaranteed Obligations, or any part of payment them, or otherwise modify, amend or change the terms of any promissory note or other agreement, document or instrument (iiiincluding the other Credit Documents) now or hereafter executed by any Borrowers and delivered to the Guarantied Parties or any of them, including any increase or decrease of principal or the rate of interest thereon;
(b) waive or otherwise consent to noncompliance with, with any Guaranteed Obligation or provision of any Loan Document;
(b) apply to instrument evidencing the Guaranteed Obligations any sums by whomever paid or however realized to any Guaranteed Obligation in such order as provided in the Loan Documents;
(c) refund at any time any payment received by any Secured Party in respect of any Guaranteed Obligation;
(d) (i) sellObligations, 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 Guaranteed Obligation or any other guaranty therefor in any manner, (ii) receive, take and hold additional Collateral to secure any Guaranteed Obligation, (iii) add, release or substitute any one or more other Guarantors, makers or endorsers of any Guaranteed Obligation or any part thereof and (iv) otherwise deal in any manner with the Borrower and any other Guarantor, maker or endorser of any Guaranteed Obligation or any part thereof; and
(e) settle, release, compromise, collect or otherwise liquidate any other instrument or agreement in respect of the Guaranteed Obligations.Obligations (including the other Credit Documents) now or hereafter executed by any Borrower and delivered to the Guarantied Parties or any of them;
Appears in 1 contract
Samples: Credit Agreement (FMC Corp)
Authorization; Other Agreements. The Secured Parties Holder, and each other holder of an Obligation or holder or beneficiary of a Guaranteed Obligation (collectively, and together with their successors and permitted assigns, the “Beneficiaries”) are hereby authorized, without notice to or demand upon any Guarantor and without discharging or otherwise affecting the obligations of any Guarantor hereunder and without incurring any liability hereunder, from time to time, to do each of the following:
(a) (i) modify, amend, supplement or otherwise change, (ii) accelerate or otherwise change the time of payment or (iii) waive or otherwise consent to noncompliance with, any Guaranteed Obligation or any Loan Transaction Document;
(b) apply to the Guaranteed Obligations any sums by whomever paid or however realized to any Guaranteed Obligation in such order as provided in the Loan Transaction Documents;
(c) refund at any time any payment received by any Secured Party Beneficiary in respect of any Guaranteed Obligation;
(d) (i) 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 Guaranteed Obligation or any other guaranty therefor in any manner, (ii) receive, take and hold additional Collateral to secure any Guaranteed Obligation, (iii) add, release or substitute any one or more other Guarantors, makers or endorsers of any Guaranteed Obligation or any part thereof and (ivii) otherwise deal in any manner with the Borrower Guarantors and any other Guarantor, maker or endorser of any Guaranteed Obligation or any part thereof; and
(e) settle, release, compromise, collect or otherwise liquidate the Guaranteed Obligations.
Appears in 1 contract
Authorization; Other Agreements. The Secured Parties are hereby authorized, without notice to or demand upon any the Guarantor and without discharging or otherwise affecting the obligations of any the Guarantor hereunder and without incurring any liability hereunder, from time to time, to do each of the following:
(a) (i) subject to compliance, if applicable, with Section 11.6 of the Term Loan Agreement, modify, amend, supplement or otherwise change, (ii) accelerate or otherwise change the time of payment or (iii) waive or otherwise consent to noncompliance with, any Guaranteed Obligation or any Loan Credit Document;
(b) apply to the Guaranteed Obligations any sums by whomever paid or however realized to any Guaranteed Obligation in such order as provided in the Loan Credit Documents;
(c) refund at any time any payment received by any Secured Party in respect of any Guaranteed Obligation;
(d) (i) sell, exchange, enforce, waive, substitute, liquidate, terminate, release, abandon, fail to perfect, subordinate, accept, substitute, surrender, exchange, affect, impair or otherwise alter or release the Collateral or any Collateral other security for any Guaranteed Obligation or any other guaranty therefor in any manner, manner and (ii) receive, take and hold additional Collateral to secure any Guaranteed Obligation, (iii) add, release or substitute any one or more other Guarantors, makers or endorsers of any Guaranteed Obligation or any part thereof and (iv) otherwise deal in any manner with the Borrower and any other or the Guarantor, maker or endorser of any Guaranteed Obligation or any part thereof; and
(e) settle, release, compromise, collect or otherwise liquidate the Guaranteed Obligations.
Appears in 1 contract
Samples: Term Loan Agreement (Dominion Midstream Partners, LP)
Authorization; Other Agreements. The Secured Guarantied Parties are hereby authorized, without notice to to, or demand upon any Guarantor upon, the Guarantor, which notice and demand requirements each are expressly waived hereby, and without discharging or otherwise affecting the obligations of any the Guarantor hereunder (which obligations shall remain absolute and without incurring unconditional notwithstanding any liability hereundersuch action or omission to act), from time to time, to do each of the following:
(a) (i) modifysupplement, amendrenew, supplement or otherwise changeextend, (ii) accelerate or otherwise change the time for payment of, or other terms relating to, the Obligations, or any part of payment them, or otherwise modify, amend or change the terms of any promissory note or other agreement, document or instrument (iiiincluding the other Loan Documents) now or hereafter executed by the Borrowers and delivered to the Guarantied Parties or any of them, including any increase or decrease of principal or the rate of interest thereon;
(b) waive or otherwise consent to noncompliance withwith any provision of any instrument evidencing the Obligations, any Guaranteed Obligation or any part thereof, or any other instrument or agreement in respect of the Obligations (including the other Loan Document;
(bDocuments) apply now or hereafter executed by the Borrowers and delivered to the Guaranteed Obligations Guarantied Parties or any sums by whomever paid or however realized to any Guaranteed Obligation in such order as provided in the Loan Documentsof them;
(c) refund at any time any payment received by any Secured Party in respect of any Guaranteed Obligationaccept partial payments on the Obligations;
(d) (i) sellreceive, take and hold security or collateral for the payment of the Obligations or any part of them and exchange, enforce, waive, substitute, liquidate, terminate, release, abandon, fail to perfect, subordinate, accepttransfer, substitute, surrender, exchange, affect, impair or otherwise alter or and release any Collateral for any Guaranteed Obligation such security or any other guaranty therefor in any manner, (ii) receive, take and hold additional Collateral to secure any Guaranteed Obligation, (iii) add, release or substitute any one or more other Guarantors, makers or endorsers of any Guaranteed Obligation or any part thereof and (iv) otherwise deal in any manner with the Borrower and any other Guarantor, maker or endorser of any Guaranteed Obligation or any part thereof; andcollateral;
(e) settle, release, compromise, collect or otherwise liquidate the Guaranteed Obligations.Obligations or accept, substitute, release, exchange or otherwise alter, affect or impair any security or collateral for the Obligations or any part of them or any other guaranty therefor, in any manner;
Appears in 1 contract
Samples: Revolving Credit Agreement (Boardwalk Pipeline Partners, LP)