Banks' Freedom of Dealing. The Subordinating Creditor agrees, with ------------------------- respect to the Senior Debt and any and all collateral therefor or guaranties thereof, that the Borrower and the Banks may agree to increase the amount of the Senior Debt or otherwise modify the terms of any of the Senior Debt, and the Banks may grant extensions of the time of payment or performance to and make compromises, including releases of collateral or guaranties, and settlements with the Borrower and all other persons, in each case without the consent of the Subordinating Creditor or the Borrower and without affecting the agreements of the Subordinating Creditor or the Borrower contained in this Agreement; provided, however, that nothing contained in this (S)8 shall constitute a waiver -------- ------ of the right of the Borrower itself to agree or consent to a settlement or compromise of a claim which the Agent or any Bank may have against the Borrower.
Banks' Freedom of Dealing. Each Subordinating Creditor agrees, with respect to the Senior Debt and any and all collateral therefor or guaranties thereof, that the Borrower and the Banks may agree to (a) increase the amount of the Senior Debt, provided that for purposes of this Agreement, that portion of the Senior Debt which is entitled to the subordination provisions contained herein shall be limited to all Obligations under the Credit Agreement and the other Loan Documents PROVIDED that the aggregate principal amount thereof does not exceed $34,000,000 at any time outstanding less the amount of any mandatory principal payments made under the Credit Agreement that has permanently reduced the borrowing capacity of the Borrower thereunder or (b) otherwise modify the terms of any of the Senior Debt, and the Banks may grant extensions of the time of payment or performance to and make compromises, including releases of collateral or guaranties, and settlements with the Borrower and all other persons, in each case without the consent of any Subordinating Creditor or the Borrower and without affecting the agreements of any Subordinating Creditor or the Borrower contained in this Agreement; PROVIDED however, that nothing contained in this Section 8 shall constitute a waiver of the right of the Borrower itself to agree or consent to a settlement or compromise of a claim which the Agent or any Bank may have against the Borrower.
Banks' Freedom of Dealing. Each XX Xxxxxx agrees, with respect to the Obligations, any and all guaranties thereof and any and all Collateral, that the Company and the Banks may agree to increase the amount of the Obligations or otherwise modify or waive the terms of any of the Loan Agreement, the Obligations or the other Loan Documents, and the Banks may grant extensions of the time of payment or performance to and make compromises, including releases of guaranties, collateral which is not Collateral, and settlements with the Company and all other Persons, in each case without the consent of any XX Xxxxxx or the Paying Agent for which it acts and without affecting the agreements of the CP Holders or the Company contained in this Agreement.
Banks' Freedom of Dealing. Each CP Holder agrees, with respect to the ------------------------- Xxxxgations and the obligations in respect of the Permitted Debt owing to the CP Holders, any and all guaranties thereof and any and all Stock Collateral, that Funding and the Banks may agree to increase the amount of the Obligations and of the obligations in respect of the Permitted Debt owing to the CP Holders or otherwise modify or waive the terms of any of the Loan Agreement, the Obligations and of the obligations in respect of the Permitted Debt owing to the CP Holders or the other Loan Documents, and the Banks may grant extensions of the time of payment or performance to and make compromises, including releases of guaranties, collateral which is not Stock Collateral, and settlements with Funding and all other Persons, in each case without the consent of any CP Holder or the Paying Agent for which it acts and without affectinx xxx xxxeements of the CP Holders or Funding contained in this Agreement.
Banks' Freedom of Dealing. Each of the Subordinating Parties agrees, with respect to the Senior Debt and any and all collateral therefor or guaranties thereof, that the Borrowers and the Banks may agree to increase the amount of the Senior Debt or otherwise modify the terms of any of the Senior Debt, and the Banks may grant extensions of the time of payment or performance to and make compromises, including releases of collateral or guaranties, and settlements with any Borrower and all other persons, in each case without the consent of the Subordinating Parties, the Borrowers or the Guarantors and without affecting the agreements of the Subordinating Parties, the Borrowers or the Guarantors contained in this Agreement; provided, however, that nothing contained in this Section 8 shall constitute a waiver of the right of any Borrower or any Guarantor itself to agree or consent to a settlement or compromise of a claim which the Agent or any Bank may have against such Borrower or Guarantor. The Agent hereby acknowledges that the provisions of this Agreement nevertheless constitute notice from the Subordinating Agent and the Subordinating Creditors of their junior security interest in the collateral securing the Subordinated Debt for purposes of the provisions of 'SS''SS' 9-608(a)(1)(C), 9-615(a)(3)(A), and 9-621(a)(1) of the Uniform Commercial Code of the Commonwealth of Massachusetts.
Banks' Freedom of Dealing. Each Subordinated Company agrees, with respect to the Senior Debt and any and all collateral therefor or guaranties thereof, that any Debtor Company and the Banks may agree to increase the amount of the Senior Debt or otherwise modify the terms of any of the Senior Debt, and the Banks may grant extensions of the time of payment or performance to and make compromises, including releases of collateral or guaranties, and settlements with any Debtor Company or other persons, in each case without the consent of any Subordinated Company, or a Debtor Company and without affecting the agreements of the Subordinated Company, or a Debtor Company contained in this Agreement; provided, however, that nothing contained in this ss.8 shall constitute a waiver of a Debtor Company itself to agree or consent to a settlement or compromise of a claim which the Agent or any Bank may have against such Debtor Company, as applicable. 105
Banks' Freedom of Dealing. The Subordinating Creditor agrees, with respect to the Senior Debt and any and all collateral therefor or guaranties thereof, that Rome and the Banks may agree to increase the amount of the Senior Debt or otherwise modify the terms of any of the Senior Debt, and the Banks may grant extensions of the time of payment or performance to and make compromises, including releases of collateral or guaranties, and settlements with Rome and all other persons, in each case without the consent of the Subordinating Creditor or Rome and without affecting the agreements of the Subordinating Creditor or Rome contained in this Agreement; provided, however, that nothing contained in this Section 8 shall constitute a waiver of the right of Rome itself to agree or consent to a settlement or compromise of a claim which the Banks may have against Rome.
Banks' Freedom of Dealing. The Subordinating Creditor agrees, with respect to the Senior Debt and any and all collateral therefor or guaranties thereof, that the Bank Borrowers and the Banks may agree to increase the amount of the Senior Debt or otherwise modify the terms of any of the Senior Debt, and the Banks may grant extensions of the time of payment or performance to and make compromises, including releases of collateral or guaranties, and settlements with the Bank Borrowers and all other persons, in each case without the consent of the Subordinating Creditor or the Borrower and without affecting the agreements of the Subordinating Creditor or the Borrower contained in this Agreement; provided, however, that nothing contained in this 8 shall constitute a waiver of the right of the Borrower itself to agree or consent to a settlement or compromise of a claim which the Agent or any Bank may have against the Borrower.
Banks' Freedom of Dealing. Each of the Subordinating Creditors agrees, with respect to the Senior Debt and any and all collateral therefor or guaranties thereof, that the Borrower and the Bank may agree to increase the amount of the Senior Debt up to the Senior Debt Limits, or otherwise modify the terms of any of the Senior Debt (so long as the Bank shall not add any additional restriction on the payment of Subordinated Debt to that contained in the Credit Agreement as in effect on the date hereof and shall not amend in a manner adverse to the Subordinating Creditors the restrictions on the payment of Subordinated Debt contained in the Credit Agreement as in effect on the date hereof), and the Bank may grant extensions of the time of payment or performance (provided that so long as no Postponement Period that has commenced before September 17,2005 shall be in effect on the date of payment, upon or after September 17 , 2005 the Borrower shall be permitted to pay and the Subordinating Creditors shall be permitted to receive all amounts due and payable under the Subordinated Debt (as defined in the Subordinated Agreement) and the Subordinated Agreement), and make compromises, including releases of collateral or guaranties, and settlements with the Borrower and all other persons, in each case without the consent of the Subordinating Creditors or the Borrower and without affecting the agreements of the Subordinating Creditors or the Borrower contained in this Agreement. Notwithstanding the foregoing, nothing contained in this Section 9 shall constitute a waiver of the right of the Borrower itself to agree or consent to a settlement or compromise of a claim which the Bank may have against the Borrower.
Banks' Freedom of Dealing. 16 16 Agent May Perform; Actions of Agent .......................... 16 17
