Consent to Modifications. Guarantor consents and agrees that Lender (and, with respect to swap obligations, its Affiliates) may from time to time, in its sole discretion, without affecting, impairing, lessening or releasing the obligations of Guarantor hereunder: (a) extend or modify the time, manner, place or terms of payment or performance and/or otherwise change or modify the credit terms of the Guaranteed Obligations; (b) increase, renew, or enter into a novation of the Guaranteed Obligations; (c) waive or consent to the departure from terms of the Guaranteed Obligations; (d) permit any change in the business or other dealings and relations of Borrower or any other guarantor with Lender; (e) proceed against, exchange, release, realize upon, or otherwise deal with in any manner any Collateral that is or may be held by Lender in connection with the Guaranteed Obligations or any liabilities or obligations of Guarantor; and (f) proceed against, settle, release, or compromise with Borrower, any insurance carrier, or any other Person liable as to any part of the Guaranteed Obligations, and/or subordinate the payment of any part of the Guaranteed Obligations to the payment of any other obligations, which may at any time be due or owing to Lender; all in such manner and upon such terms as Lender may deem appropriate, and without notice to or further consent from Guarantor. No invalidity, irregularity, discharge or unenforceability of, or action or omission by Lender relating to any part of the Guaranteed Obligations or any security therefor shall affect or impair this Guaranty.
Consent to Modifications. (a) Each Guarantor hereby authorizes Lender, without notice or demand and without affecting their liability hereunder, from time to time to:
(i) renew, compromise, extend, accelerate or otherwise change the time for payment or the terms of any of the Guarantied Obligations, or any part thereof, including increasing or decreasing the rate of interest thereof;
(ii) take and hold security for the payment of the Guarantied Obligations guaranteed hereby, and exchange, enforce, waive and release any such security;
(iii) apply such security and direct the order or manner of sale thereof as Lender in its discretion may determine;
(iv) release or substitute any one or more endorser(s) or guarantor(s); and
(v) assign, without notice, this Guaranty in whole or in part and Lender’s rights hereunder to anyone at any time.
(b) Each Guarantor agrees that Lender may do any or all of the foregoing in such manner, upon such terms, and at such times as Lender, in its discretion, deems advisable, without, in any way or respect, impairing, affecting, reducing or releasing any Guarantor from his undertakings hereunder and each Guarantor hereby consents to each and all of the foregoing acts, events and occurrences.
(c) Each Guarantor further agrees that this Guaranty shall not be impaired by any modification, supplement, extension or amendment of any contract or agreement to which Lender and Borrower may hereafter agree, including the Loan Agreement, nor by any modification, release or other alteration of any of the Guarantied Obligations hereby guaranteed or of any security therefor, nor by any agreements or arrangements whatsoever with Borrower or anyone else.
Consent to Modifications. With the consent of the Issuer, Borrower, Bondholder Representative, and the Trustee, as appropriate, and to the extent permitted by and as provided in the Indenture, the terms and provisions of the Indenture and the Loan Documents or any instrument supplemental thereto may be modified or altered by the consent of the Holders of the requisite percentage of Bonds Outstanding required by the Indenture. Supplemental indentures may also be executed and delivered, without consent of or notice to any Holders, for the purpose of curing any ambiguity or formal defect or omission in the Indenture or in any supplemental indenture, granting for the benefit of the Holders additional rights, remedies, powers, authority, or security, more precisely identifying the Trust Estate, subjecting to the lien and pledge of the Indenture additional rights, preventing the interest on the Bonds from becoming includable in gross income for federal income tax purposes, qualifying the Indenture under the Trust Indenture Act of 1939, evidencing appointment of a co-Trustee or successor Trustee, bond registrar, or successor paying agent, reconciling the Indenture with Loan Documents, or making any other change which in the judgment of the Trustee based upon an opinion of Bond Counsel is necessary or desirable and will not materially prejudice any non-consenting Holders. Every Holder hereof is deemed by the Holder’s purchase and retention of this Bond to consent to be bound by every supplemental indenture and every modification and amendment adopted in accordance with the provisions of the Indenture, whether or not noted or endorsed hereon or incorporated herein.
Consent to Modifications. Guarantor hereby authorizes Xxxxxx, without notice or demand and without affecting its liability hereunder, from time to time to:
6.1. renew, compromise, extend, accelerate or otherwise change the time for payment or the terms of any of the Obligations, or any part thereof, including, without limitation, increasing or decreasing the rate of interest thereof;
6.2. take and hold security for the payment of the Obligations guaranteed hereby, and exchange, enforce, and release any such security;
6.3. apply such security and direct the order or manner of sale thereof as Lender in its discretion may determine;
6.4. release or substitute any one or more endorser(s) or guarantor(s); and CORPDAL:64283.1 28722-00003
6.5. assign, without notice, this Guaranty in whole or in part and Xxxxxx's rights hereunder to anyone at any time. Guarantor agrees that Lender may do any or all of the foregoing in such manner, upon such terms, and at such times as Lender, in its discretion, deems advisable, without, in any way or respect, impairing, affecting, reducing or releasing Guarantor from its undertakings hereunder and Guarantor hereby consents to each and all of the foregoing acts, events and occurrences.
Consent to Modifications. In the event Beneficiary consents to the transfer of the Real Property or any part thereof or any interest therein, and such a transfer is made, Beneficiary may, without notice to Grantor or any one else, once or often, extend the time of payment or grant renewals of the debt hereby secured for any term, execute releases or partial releases from the lien of this Deed of Trust or in any other respect modify the terms hereof without thereby affecting the primary liability of Grantor or Bayside Commons for the payment of the debts and performance of the obligations hereby secured.
Consent to Modifications. If, in connection with the financing of a relevant Project, any Financing Party requests that reasonable modifications be made in the Master Agreements as a condition to making the financing, then Buyer and Turbine Supplier shall negotiate the terms of such modifications in good faith as long as Turbine Supplier’s costs, profits or potential liability is not affected thereby.
Consent to Modifications. Guarantor hereby authorizes Xxxxxx, without notice or demand and without affecting its liability hereunder, from time to time to:
6.1. renew, compromise, extend, accelerate or otherwise change the time for payment or the terms of any of the Obligations, or any part thereof, including, without limitation, increasing or decreasing the rate of interest thereof;
6.2. take and hold security for the payment of the Obligations guaranteed hereby, and exchange, enforce, and release any such security;
6.3. apply such security and direct the order or manner of sale thereof as Lender in its discretion may determine;
6.4. release or substitute any one or more endorser(s) or guarantor(s); and
Consent to Modifications. Subject to Section 6 hereof, each Holder hereby consents, effective as of the date the Offer is initiated, to modifications to the Bond Indenture to (x) exclude the Merger (and, to the extent not already excluded, any other merger, consolidation or similar transaction between the Issuer and Sirius, or their respective affiliates necessary to effectuate the Closing (as defined in the Merger Agreement)) from the definition of Fundamental Change, (y) waive any notice required by Section 12.6(c) of the Bond Indenture, and (z) any other amendment, consent or modification reasonably requested by the Issuer related to (x) or (y) above and subject to the review and approval of the Holders as contemplated by Section 2(c) above (together, such consent is referred to as the “Holders’ Consent”). Each Holder agrees not to withdraw such Holder’s consent and to execute any document, instrument or agreement reasonably necessary to give effect to the foregoing. Unless otherwise determined by the Issuer, the record date under the Bond Indenture for the Holder’s Consent shall be the date the Offer is initiated.
Consent to Modifications. The assignment of this Lease by Tenant with the consent of Landlord shall, without being specifically so stated or agreed, constitute the express agreement by Tenant that subsequent modifications of this Lease by Landlord and the assignee shall not (i) require the prior consent or approval of Tenant (assignor), or (ii) release or relieve Tenant (assignor) from liability hereunder; provided, however, that if such modifications increase the rent or other obligations of Tenant hereunder, Tenant's (assignor's) liability shall be limited to the terms of this Lease as the same existed on the date of assignment.
Consent to Modifications. Notwithstanding anything else to the contrary in this Article X, and except as otherwise provided in the Construction Agency Agreement during the Construction Period, the Lessee shall not make any Modification which the Lessee reasonably expects will cost greater than $2,000,000 unless the Lessee shall have delivered to the Agent on behalf of the Lessor Parties a brief written narrative of the work to be performed in connection with such Modification and the Lessee shall have received the written consent of Agent on behalf of the Consenting Parties to the making of such Modification, which consent shall not unreasonably be withheld.
