Consent to Lender's Acts. Guarantor hereby consents and agrees that, at any time or times, without notice to or further approval of Guarantor or Borrower, and without in any way affecting the obligation of Guarantor hereunder, Lender may, with or without consideration: (i) release, compromise, or agree not to sxx, in whole or in part, Borrower, any Guarantor or any other obligor, guarantor, endorser or surety upon any of the Liabilities; (ii) waive, rescind, renew, extend, modify , increase, decrease, delete, terminate, amend, or accelerate in accordance with its terms, either in whole or in part, any of the Liabilities, any other terms thereof, or any agreement, covenant, condition, or obligation of or with Borrower, any Guarantor, or any other obligor, guarantor, endorser or surety upon any of the Liabilities; and (iii) apply any payment received from Borrower, any Guarantor or any other obligor, guarantor, endorser or surety upon any of the Liabilities to any of the Liabilities which Lender may choose. Further, Lender may at any time, either with or without consideration, surrender, release or receive any property or other security of any kind or nature whatsoever held by it or any Person on its behalf or for its account securing any indebtedness of Borrower or any Liability, or substitute any collateral so held by Lender for other collateral of like kind or of any kind, without notice to or further consent from Guarantor, and such surrender, receipt, release or substitution shall not in any way affect the obligation of Guarantor hereunder. Lender shall have full authority to adjust, compromise and receive less than the amount due upon any such collateral, and may enter into any accord and satisfaction agreement as deemed advisable by Lender without affecting the obligation of Guarantor hereunder. Lender shall be under no duty to undertake to collect upon such collateral or any part thereof, and shall not be liable for any negligence or mistake in judgment in handling disposing of, obtaining, or failing to collect upon, or perfecting or maintaining a security interest in, any such collateral and any such actions by Lender will not release Guarantor from any obligation under this Guaranty.
Appears in 1 contract
Consent to Lender's Acts. Guarantor hereby authorizes and consents and agrees that, to Lender at any time or timesand from time to time, without notice to or further approval consent of Guarantor, doing the following and Guarantor agrees that the liability of Guarantor shall not be released or Borroweraffected by:
a. The taking or accepting, or the failure by Lender to take or accept, any other Collateral or other guarantee for the Indebtedness;
b. The modification, amendment, extension, renewal, replacement, or termination of any of the Loan Documents, to the granting of any other credit, and without in any way affecting to the obligation acceleration of Guarantor hereundermaturity of the Indebtedness;
c. Any complete or partial release, Lender maysubstitution, with or without consideration: (i) releasesubordination, impairment, loss, compromise, or agree not to sxx, in whole or in part, Borrower, other modification of any Guarantor Collateral or any other obligor, guarantor, endorser guarantee;
d. The complete or surety upon any of the Liabilities; (ii) waive, rescind, renew, extend, modify , increase, decrease, delete, terminate, amend, or accelerate in accordance with its terms, either in whole or in part, any of the Liabilities, any other terms thereof, or any agreement, covenant, condition, or obligation of or with Borrower, any Guarantor, or any other obligor, guarantor, endorser or surety upon any of the Liabilities; and (iii) apply any payment received from Borrower, any Guarantor or any other obligor, guarantor, endorser or surety upon any of the Liabilities to any of the Liabilities which Lender may choose. Further, Lender may at any time, either with or without consideration, surrender, partial release or receive any property or other security of any kind or nature whatsoever held by it or any Person on its behalf or for its account securing any indebtedness substitution of Borrower or any Liabilityother guarantor of the Indebtedness;
e. Any renewal, extension, modification, replacement, acceleration, consolidation, adjustment, indulgence, forbearance, waiver or compromise of the payment of any part or all of the Indebtedness, or substitute any collateral so held by Lender for other collateral of like kind or liability of any kindother guarantor of the Indebtedness, without notice or the performance of any covenant contained in the Loan Documents;
f. Any neglect, delay, omission, failure, or refusal of Lender to take or further consent from Guarantor, and such surrender, receipt, release or substitution shall not in prosecute any way affect action for the obligation collection of Guarantor hereunder. Lender shall have full authority to adjust, compromise and receive less than the amount due upon any such collateral, and may enter into any accord and satisfaction agreement as deemed advisable by Lender without affecting the obligation of Guarantor hereunder. Lender shall be under no duty to undertake to collect upon such collateral Indebtedness or any part thereof, and shall not be liable or for the enforcement of any negligence or mistake in judgment in handling disposing of, obtainingprovision of any of the Loan Documents, or failing any action in connection with any Collateral or this Guarantee or any other guarantee, including, without limitation, the failure of Lender to collect uponperfect any security interest in any Collateral;
g. Any increase or decrease in the rate of interest on the Indebtedness;
h. Acceptance of any partial and/or late payments on the Indebtedness;
i. Application of payments by, or perfecting recoveries from, Borrower or maintaining a security interest inany other guarantor of the Indebtedness, or any such collateral and any such actions by Lender will not release Guarantor sums realized from any Collateral, in such manner and in such order of priority as Lender deems proper, whether or not the obligation under this Guarantyto which the payment or recovery is applied is due at the time of such application; and
j. Lender exercising any and all rights and remedies available to Lender by law, at equity or by agreement, even if the exercise thereof may affect, modify, or eliminate such Guarantor’s or any other guarantor of the Indebtedness’ right of subrogation against Borrower or any other party.
Appears in 1 contract
Samples: Guarantee (inContact, Inc.)
Consent to Lender's Acts. Guarantor hereby authorizes and consents and agrees that, to Lender at any time or timesand from time to time, without notice to or further approval consent of Guarantor, doing the following and Guarantor agrees that the liability of Guarantor shall not be released or Borroweraffected by:
a. The taking or accepting, or the failure by Lender to take or accept, any other Collateral or Guarantee for the Indebtedness;
b. The modification, amendment, extension, renewal, replacement, or termination of any of the Loan Documents, to the granting of any other credit, and without in any way affecting to the obligation acceleration of Guarantor hereundermaturity of the Indebtedness;
c. Any complete or partial release, Lender maysubstitution, with or without consideration: (i) releasesubordination, impairment, loss, compromise, or agree not to sxx, in whole or in part, Borrower, other modification of any Guarantor Collateral or any other obligorGuarantee;
d. Any renewal, guarantorextension, endorser modification, replacement, acceleration, consolidation, adjustment, indulgence, forbearance, waiver or surety upon compromise of the payment of any part or all of the Indebtedness, or any liability of any Guarantor, or the performance of any covenant contained in the Loan Documents;
e. Any neglect, delay, omission, failure, or refusal of Lender to take or prosecute any action for the collection of the Indebtedness or any part thereof, or for the enforcement of any provision of any of the Liabilities; (ii) waive, rescind, renew, extend, modify , increase, decrease, delete, terminate, amend, or accelerate in accordance with its terms, either in whole or in part, any of the Liabilities, any other terms thereofLoan Documents, or any agreementaction in connection with any Collateral or any Guarantee, covenantincluding, conditionwithout limitation, the failure of Lender to perfect any security interest in any Collateral;
f. Any increase or decrease in the rate of interest on the Indebtedness;
g. Acceptance of any partial and/or late payments on the Indebtedness;
h. Application of payments by, or obligation of recoveries from, Borrower or with Borrower, any Guarantor, or any other obligorsums realized from any Collateral, guarantorin such manner and in such order of priority as Lender deems proper, endorser whether or surety upon not the obligation to which the payment or recovery is applied is due at the time of such application; and
i. Lender exercising any and all rights and remedies available to Lender by law, at equity or by agreement, even if the exercise thereof may affect, modify, or eliminate any Guarantor’s right of the Liabilities; and (iii) apply any payment received from Borrower, any Guarantor subrogation against Borrower or any other obligor, guarantor, endorser or surety upon any of the Liabilities to any of the Liabilities which Lender may choose. Further, Lender may at any time, either with or without consideration, surrender, release or receive any property or other security of any kind or nature whatsoever held by it or any Person on its behalf or for its account securing any indebtedness of Borrower or any Liability, or substitute any collateral so held by Lender for other collateral of like kind or of any kind, without notice to or further consent from Guarantor, and such surrender, receipt, release or substitution shall not in any way affect the obligation of Guarantor hereunder. Lender shall have full authority to adjust, compromise and receive less than the amount due upon any such collateral, and may enter into any accord and satisfaction agreement as deemed advisable by Lender without affecting the obligation of Guarantor hereunder. Lender shall be under no duty to undertake to collect upon such collateral or any part thereof, and shall not be liable for any negligence or mistake in judgment in handling disposing of, obtaining, or failing to collect upon, or perfecting or maintaining a security interest in, any such collateral and any such actions by Lender will not release Guarantor from any obligation under this Guarantyparty.
Appears in 1 contract
Samples: Guarantee (inContact, Inc.)
Consent to Lender's Acts. Guarantor hereby consents and agrees that, at any time or times, without notice to or further approval of Guarantor or Borrower, and without in any way affecting the obligation of Guarantor hereunder, Lender may, with or without consideration: (i) release, compromise, or agree not to sxx, in whole or in part, Borrower, any Guarantor or any other obligor, guarantor, endorser or surety upon any of the Liabilities; (ii) waive, rescind, renew, extend, modify modify, increase, decrease, delete, terminate, amend, or accelerate in accordance with its terms, either in whole or in part, any of the Liabilities, any other terms thereof, or any agreement, covenant, condition, or obligation of or with Borrower, any Guarantor, or any other obligor, guarantor, endorser or surety upon any of the Liabilities; and (iii) apply any payment received from Borrower, any Guarantor or any other obligor, guarantor, endorser or surety upon any of the Liabilities to any of the Liabilities which Lender may choose. Further, Lender may at any time, either with or without consideration, surrender, release or receive any property or other security of any kind or nature whatsoever held by it or any Person on its behalf or for its account securing any indebtedness of Borrower or any Liability, or substitute any collateral so held by Lender for other collateral of like kind or of any kind, without notice to or further consent from Guarantor, and such surrender, receipt, release or substitution shall not in any way affect the obligation of Guarantor hereunder. Lender shall have full authority to adjust, compromise and receive less than the amount due upon any such collateral, and may enter into any accord and satisfaction agreement as deemed advisable by Lender without affecting the obligation of Guarantor hereunder. Lender shall be under no duty to undertake to collect upon such collateral or any part thereof, and shall not be liable for any negligence or mistake in judgment in handling disposing of, obtaining, or failing to collect upon, or perfecting or maintaining a security interest in, any such collateral and any such actions by Lender will not release Guarantor from any obligation under this GuarantyGuarantee.
Appears in 1 contract
Consent to Lender's Acts. Guarantor hereby consents and agrees that, at any time or times, without notice to or further approval of Guarantor or Borrower, and without in any way affecting the obligation of Guarantor hereunder, Lender may, with or without consideration: (i) release, compromise, or agree not to sxxxxx, in whole or in part, Borrower, any Guarantor or any other obligor, guarantor, endorser or surety upon any of the Liabilities; (ii) waive, rescind, renew, extend, modify modify, increase, decrease, delete, terminate, amend, or accelerate in accordance with its terms, either in whole or in part, any of the Liabilities, any other of the terms thereof, or any agreement, covenant, condition, or obligation of or with Borrower, any Guarantor, or any other obligor, guarantor, endorser or surety upon any of the Liabilities; and (iii) apply any payment received from Borrower, any Guarantor or any other obligor, guarantor, endorser or surety upon any of the Liabilities to any of the Liabilities which Lender may choose. Further, Lender may at any time, either with or without consideration, surrender, release or receive any property or other security of any kind or nature whatsoever held by it or any Person on its behalf or for its account securing any indebtedness of Borrower or any Liability, or substitute any collateral so held by Lender for other collateral of like kind kind, or of any kind, without notice to or further consent from Guarantor, and such surrender, receipt, release or substitution shall not in any way affect the obligation of Guarantor hereunder. Lender shall have full authority to adjust, compromise and receive less than the amount due upon any such collateral, and may enter into any accord and satisfaction agreement as deemed advisable by Lender without affecting the obligation of Guarantor hereunder. Lender shall be under no duty to undertake to collect upon such collateral or any part thereof, and shall not be liable for any negligence or mistake in judgment in handling handling, disposing of, obtaining, or failing to collect upon, or perfecting or maintaining a security interest in, any such collateral and any such actions by Lender will not release Guarantor from any obligation under this Guaranty.
Appears in 1 contract
Samples: Unlimited Continuing Guaranty Agreement (Lynch Corp)