Common use of Banks' Freedom of Dealing Clause in Contracts

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.

Appears in 2 contracts

Samples: Subordination Agreement (Chart House Enterprises Inc), Subordination Agreement (Chart House Enterprises Inc)

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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.

Appears in 2 contracts

Samples: Subordination Agreement (Chart House Enterprises Inc), Subordination Agreement (Chart House Enterprises Inc)

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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 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.

Appears in 1 contract

Samples: Subordination Agreement (Chart House Enterprises Inc)

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