Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor: (a) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations of the Loan Parties under the Loan Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise; (b) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise; (c) the time for any Designated Borrower’s (or any other Person’s) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties may deem proper; (d) any Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person; (e) the Guaranteed Parties may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated Borrower to any Guaranteed Party and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and (f) the Guaranteed Parties may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 3 contracts
Samples: Credit Agreement (Analog Devices Inc), Credit Agreement (Analog Devices Inc), Credit Agreement (Analog Devices Inc)
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties any Credit Party under the Loan Finance Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Finance Document or otherwise;
(bii) the time, manner, place or terms of any payment under any Loan Finance Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Finance Document, by an amendment, modification or renewal of any Loan Finance Document or otherwise;
(ciii) the time for any Designated Borrowerthe Obligor’s (or any other Person’s) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Finance Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Lender may deem proper;
(div) any Guaranteed Party the Lender may discharge or release, in whole or in part, any other Loan Credit Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any of the Collateral, nor shall any Guaranteed Party the Lender be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any PersonPerson or to realize upon the Collateral;
(ev) in addition to the Collateral, the Lender may take and hold other security (legal or equitable) of any kind, at any time, as collateral for the Guaranteed Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(vi) the Guaranteed Parties Lender may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated Borrower the Obligor to any Guaranteed Party the Lender and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvii) the Guaranteed Parties Lender may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan indebtedness and any power of sale) granted by any Loan Finance Document or other security document or agreement, or otherwise available to any Guaranteed Partythe Lender, with respect to the Guaranteed ObligationsObligations or any of the Collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated BorrowersObligor; all as the Guaranteed Parties Lender may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 3 contracts
Samples: Guaranty, Guaranty (Invisa Inc), Guaranty (Invisa Inc)
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(a) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations of the Loan Parties under the Loan Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(b) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(c) the time for any Designated Borrower’s (or any other Person’s) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties may deem proper;
(d) any Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any of the Collateral or any other collateral, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any PersonPerson or to realize on the Collateral or other collateral therefor;
(e) in addition to the Collateral, the Guaranteed Parties may take and hold other security (legal or equitable) of any kind, at any time, as collateral for the Guaranteed Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(f) the Guaranteed Parties may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated Borrower to any Guaranteed Party and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fg) the Guaranteed Parties may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed ObligationsObligations or any of the Collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 3 contracts
Samples: Credit Agreement (Flex Ltd.), Credit Agreement (Flextronics International Ltd.), Credit Agreement (Flextronics International Ltd.)
Consents of Guarantor. The Each Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Holdings under the Loan Documents may be incurredincurred and the time, manner, place or terms of any payment under any Loan Document be extended or changed, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(b) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(cii) the time for any Designated Borrower’s Holdings’ (or any other Person’s) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as any Guaranteed Person (or the Guaranteed Parties Majority Lenders, as the case may be) may deem proper;
(diii) any each Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person;
(e) the Guaranteed Parties may request and accept other guaranties of guarantees and may take and hold other security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any Designated Borrower to any Guaranteed Party and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty other guaranties or security and may permit or consent to any such action or the result of any such action; and, and may apply such security and direct the order or manner of sale thereof;
(fiv) the each Guaranteed Parties Person may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege thereof affects or eliminates any right of subrogation or any other right of the such Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this GuarantyHoldings.
Appears in 3 contracts
Samples: Credit Agreement (Building Materials Holding Corp), Credit Agreement (Building Materials Holding Corp), Credit Agreement (Building Materials Holding Corp)
Consents of Guarantor. The Each Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Borrowers under the Loan Documents may be incurredincurred and the time, manner, place or terms of any payment under any Loan Document be extended or changed, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(b) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(cii) the time for any Designated Borrower’s (or any other Person’s) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as any Guaranteed Person (or the Guaranteed Parties Majority Lenders, as the case may be) may deem proper;
(diii) any each Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person;
(e) the Guaranteed Parties may request and accept other guaranties of guarantees and may take and hold other security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any Designated Borrower to any Guaranteed Party and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty other guaranties or security and may permit or consent to any such action or the result of any such action; and, and may apply such security and direct the order or manner of sale thereof;
(fiv) the each Guaranteed Parties Person may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege thereof affects or eliminates any right of subrogation or any other right of the such Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guarantyany Borrower.
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (BMC Stock Holdings, Inc.), Senior Secured Credit Agreement (BMC Stock Holdings, Inc.)
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(a) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Borrower under the Loan Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(b) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(c) the time for any Designated the Borrower’s (or any other Person’s) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Bank may deem proper;
(d) any Guaranteed Party the Bank may discharge or release, in whole or in part, any other Loan Party guarantor or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any of the collateral or any other collateral, nor shall any Guaranteed Party the Bank be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any PersonPerson or to realize any collateral therefor;
(e) the Bank may take and hold other security (legal or equitable) of any kind, at any time, as collateral for the Guaranteed Parties Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(f) the Bank may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated the Borrower to any Guaranteed Party the Bank and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fg) the Guaranteed Parties Bank may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Partythe Bank, with respect to the Guaranteed ObligationsObligations or any collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated BorrowersBorrower; all as the Guaranteed Parties Bank may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 2 contracts
Samples: Credit Agreement (Stancorp Financial Group Inc), Credit Agreement (Stancorp Financial Group Inc)
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal amount of the Guaranteed Obligations in respect of any of the Guaranteed Parties may be increased or decreased as to such Guaranteed Party and additional Obligations indebtedness or obligations of the Loan Parties Borrower under the Loan Credit Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwisesuch Credit Document;
(bii) the time, manner, place or terms of any payment under any Loan Document Credit Documents may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan DocumentCredit Documents, by an amendment, modification or renewal of any Loan Document Credit Documents or otherwise;
(ciii) the time for any Designated the Borrower’s 's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document Credit Documents may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as any of the Guaranteed Parties may deem proper;
(div) any of the Guaranteed Party Parties may discharge or release, in whole or in part, any other Loan Party guarantor or any other Person liable for the payment and performance of all or any part of the Guaranteed ObligationsObligations owing to such Guaranteed Parties, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any collateral, nor shall any the Guaranteed Party Parties be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any PersonPerson or to realize on any collateral therefor;
(ev) the Guaranteed Parties may take and hold other security (legal or equitable) of any kind, at any time, as collateral for the Guaranteed Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(vi) the Guaranteed Parties may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated the Borrower to any the Guaranteed Party Parties and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvii) the Guaranteed Parties may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Credit Document or other security document or agreement, or otherwise available to any the Guaranteed PartyParties, with respect to the Guaranteed ObligationsObligations or any collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated BorrowersBorrower; all as the Guaranteed Parties (or the Collateral Agent on their behalf) may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 2 contracts
Samples: Credit Agreement (Arbitron Inc), Subsidiary Guaranty (Arbitron Inc)
Consents of Guarantor. The Each Guarantor hereby unconditionally --------------------- consents and agrees that, without notice to or further assent from the such Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Borrowers under the Loan Documents may be incurredincurred and the time, manner, place or terms of any payment under any Loan Document be extended or changed, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(b) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(cii) the time for any Designated Borrower’s 's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as any Guaranteed Person (or the Guaranteed Parties Majority Banks, as the case may be) may deem proper;
(diii) any each Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person;
(e) the Guaranteed Parties may request and accept other guaranties of guarantees and may take and hold other security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any Designated Borrower to any Guaranteed Party and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty other guaranties or security and may permit or consent to any such action or the result of any such action; and, and may apply such security and direct the order or manner of sale thereof;
(fiv) the each Guaranteed Parties Person may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege thereof affects or eliminates any right of subrogation or any other right of the such Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.Borrower;
Appears in 2 contracts
Samples: Revolving Multicurrency Credit Agreement (Johns Manville International Group Inc), Revolving Multicurrency Credit Agreement (Johns Manville Corp /New/)
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(a) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations of the Loan Parties Guarantor under the Loan Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(b) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(c) the time for any Designated the Borrower’s (or any other Person’s) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties may deem proper;
(d) any Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any of the Collateral or any other collateral, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any PersonPerson or to realize on the Collateral or other collateral therefor;
(e) the Guaranteed Parties may take and hold other security (legal or equitable) of any kind, at any time, as collateral for the Guaranteed Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(f) the Guaranteed Parties may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated the Borrower to any Guaranteed Party and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fg) the Guaranteed Parties may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed ObligationsObligations or any of the Collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated BorrowersBorrower; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 2 contracts
Samples: Guaranty (Cadence Design Systems Inc), Guaranty (Cadence Design Systems Inc)
Consents of Guarantor. The Each Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Holdings under the Loan Documents may be incurredincurred and the time, manner, place or terms of any payment under any Loan Document be extended or changed, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(b) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(cii) the time for any Designated Borrower’s Holdings' (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as any Guaranteed Person (or the Guaranteed Parties Majority Banks, as the case may be) may deem proper;
(diii) any each Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person;
(e) the Guaranteed Parties may request and accept other guaranties of guarantees and may take and hold other security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any Designated Borrower to any Guaranteed Party and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty other guaranties or security and may permit or consent to any such action or the result of any such action; and, and may apply such security and direct the order or manner of sale thereof;
(fiv) the each Guaranteed Parties Person may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege thereof affects or eliminates any right of subrogation or any other right of the such Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this GuarantyHoldings.
Appears in 2 contracts
Samples: Credit Agreement (Building Materials Holding Corp), Credit Agreement (Building Materials Holding Corp)
Consents of Guarantor. The Guarantor Each of the Guarantors hereby unconditionally consents and agrees that, without notice to or further assent from the such Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Borrower under the Loan Documents Agreements may be incurred, by one or more amendments, restatements, modifications, renewals or extensions of any Loan Document Agreement or otherwise;
(bii) the time, manner, place or terms of any payment under any Loan Document Agreement may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan DocumentAgreement, by an amendment, restatement, modification or renewal of any Loan Document Agreement or otherwise;
(ciii) the time for any Designated the Borrower’s 's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document Agreement may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Agent, the Issuing Bank and the Banks may deem proper;
(div) any Guaranteed Party the Agent, the Issuing Bank or the Banks may discharge or release, in whole or in part, any other Loan Party Guarantor or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any of the Collateral or any other collateral, nor shall any Guaranteed Party the Agent, the Issuing Bank or the Banks be liable to the Guarantor Guarantors for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any PersonPerson or to realize on the Collateral or other collateral therefor;
(ev) in addition to the Collateral, the Agent, the Issuing Bank and the Banks may take and hold other security (legal or equitable) of any kind, at any time, as collateral for the Guaranteed Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(vi) the Guaranteed Parties Agent, the Issuing Bank and the Banks may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated the Borrower to any Guaranteed Party the Agent or the Banks or the Issuing Bank and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvii) the Guaranteed Parties Agent, the Issuing Bank and the Banks may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document Agreement or other security document or agreement, or otherwise available to any Guaranteed Partythe Agent, the Issuing Bank and the Banks, with respect to the Guaranteed ObligationsObligations or any of the Collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the any Guarantor against the Designated BorrowersBorrower; all as the Guaranteed Parties Agent, the Issuing Bank and the Banks may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 1 contract
Consents of Guarantor. The Each Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties any Company under the Loan Documents may be incurredincurred and the time, manner, place or terms of any payment under any Loan Document may be extended or changed, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(b) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(cii) the time for any Designated Borrower’s Company's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Agent, the Issuing Bank and the Banks may deem proper;
(d) any Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person;
(eiii) the Guaranteed Parties Agent, the Issuing Bank and the Banks may request and accept other guaranties of and may take and hold other security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any Designated Borrower to any Guaranteed Party and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty other guaranties or security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof; and
(fiv) the Guaranteed Parties Agent, the Issuing Bank and the Banks may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege thereof affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guarantyany Company.
Appears in 1 contract
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations of the Loan Parties under the Loan Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(bii) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(ciii) the time for any Designated Borrowerthe Company’s (or any other Person’s) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties may deem proper;
(div) any Guaranteed Party may discharge or release, in whole or in part, any other Loan Party part or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any of the Collateral or any other collateral, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any PersonPerson or to realize on the Collateral or other collateral therefor;
(ev) the Guaranteed Parties may take and hold other security (legal or equitable) of any kind at any time, as collateral for the Guaranteed Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(vi) the Guaranteed Parties may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated Borrower the Company to any Guaranteed Party and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvii) the Guaranteed Parties may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed ObligationsObligations or any of the Collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated BorrowersCompany; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 1 contract
Consents of Guarantor. The Guarantor hereby --------------------- unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Borrower under the Loan Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(bii) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(ciii) the time for any Designated the Borrower’s 's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Agent and the Banks may deem proper;
(div) any Guaranteed Party the Agent or the Banks may discharge or release, in whole or in part, any other Loan Party guarantor or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any collateral, nor shall any Guaranteed Party the Agent or the Banks be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any PersonPerson or to realize on any collateral therefor;
(ev) Agent and the Banks may take and hold other security (legal or equitable) of any kind, at any time, as collateral for the Guaranteed Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(vi) the Guaranteed Parties Agent and the Banks may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated the Borrower to any Guaranteed Party the Agent or the Banks and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvii) the Guaranteed Parties Agent and the Banks may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Partythe Agent and the Banks, with respect to the Guaranteed ObligationsObligations or any collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated BorrowersBorrower; all as the Guaranteed Parties Agent and the Banks may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 1 contract
Samples: Guaranty (Storage Technology Corp)
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Borrower under the Loan Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(bii) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(ciii) the time for any Designated Borrower’s (or any other Person’s) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Lender may deem proper;
(div) any Guaranteed Party Lender may discharge or release, in whole or in part, any other Loan Party guarantor or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any of the Collateral or any other collateral, nor shall any Guaranteed Party Lender be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any PersonPerson or to realize Collateral or other collateral therefor;
(ev) in addition to the Collateral, Lender may take and hold other security (legal or equitable) of any kind, at any time, as collateral for the Guaranteed Parties Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(vi) Lender may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated Borrower to any Guaranteed Party Lender and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvii) the Guaranteed Parties Lender may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed PartyLender, with respect to the Guaranteed ObligationsObligations or any of the Collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated BorrowersBorrower; all as the Guaranteed Parties Lender may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 1 contract
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal or other amount of the Guaranteed Obligations in respect of any of the Guaranteed Parties may be increased or decreased as to such Guaranteed Parties and additional Obligations indebtedness or obligations of the Loan Parties Borrower under the Loan Credit Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwisesuch Credit Documents;
(bii) the time, manner, place or terms of any payment under any Loan Document of the Credit Documents may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan DocumentCredit Documents, by an amendment, modification or renewal of any Loan Document Credit Documents or otherwise;
(ciii) the time for any Designated the Borrower’s 's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document Credit Documents may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as any of the Guaranteed Parties may deem proper;
(div) any of the Guaranteed Party Parties may discharge or release, in whole or in part, any other Loan Party guarantor or any other Person liable for the payment and performance of all or any part of the Guaranteed ObligationsObligations owing to such Guaranteed Parties, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any collateral, nor shall any the Guaranteed Party Parties be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any PersonPerson or to realize on any collateral therefor;
(ev) the Guaranteed Parties may take and hold other security (legal or equitable) of any kind, at any time, as collateral for the Guaranteed Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(vi) the Guaranteed Parties may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated the Borrower to any the Guaranteed Party Parties and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvii) the Guaranteed Parties may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Credit Document or other security document or agreement, or otherwise available to any the Guaranteed PartyParties, with respect to the Guaranteed ObligationsObligations or any collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated BorrowersBorrower; all as the Guaranteed Parties (or the Collateral Agent on their behalf) may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 1 contract
Samples: Credit Agreement (Arbitron Inc)
Consents of Guarantor. The Each Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Guarantor:
(a) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Borrowers under the Loan Documents may be incurredincurred and the time, manner, place or terms of any payment under any Loan Document be extended or changed, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(b) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(c) the time for any Designated Borrower’s 's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Agent and the Lenders (or the Majority Lenders, as the case may be) may deem proper;
(d) any Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person;
(ec) the Guaranteed Parties Agent and the Lenders may request and accept other guaranties of and may take and hold other security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any Designated Borrower to any Guaranteed Party and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty other guaranties or security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof; and
(fd) the Guaranteed Parties Agent and the Lenders may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege thereof affects or eliminates any right of subrogation or any other right of the such Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 1 contract
Samples: Credit Agreement (Ict Group Inc)
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations of the Loan Parties under the Loan Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(bii) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(ciii) the time for any Designated Borrower’s (or any other Person’s) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties may deem proper;
(div) any Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any of the Collateral or any other collateral, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any PersonPerson or to realize on the Collateral or other collateral therefor;
(ev) in addition to the Collateral, the Guaranteed Parties may take and hold other security (legal or equitable) of any kind, at any time, as collateral for the Guaranteed Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(vi) the Guaranteed Parties may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated Borrower to any Guaranteed Party and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvii) the Guaranteed Parties may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed ObligationsObligations or any of the Collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the any Designated BorrowersBorrower; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 1 contract
Samples: Company Guaranty (Verisign Inc/Ca)
Consents of Guarantor. The Each Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties any Company under the Loan Documents may be incurredincurred and the time, manner, place or terms of any payment under any Loan Document may be extended or changed, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(b) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(cii) the time for any Designated Borrower’s Company's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Agent, the Issuing Bank and the Banks may deem proper;
(d) any Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person;
(eiii) the Guaranteed Parties Agent, the Issuing Bank and the Banks may request and accept other guaranties of and may take and hold other security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any Designated Borrower to any Guaranteed Party and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty other guaranties or security and may permit or consent to any such action or the result of any such action; and, and may apply such security and direct the order or manner of sale thereof;
(fiv) the Guaranteed Parties Agent, the Issuing Bank and the Banks may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege thereof affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.any Company;
Appears in 1 contract
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Borrower under the Loan Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(bii) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(ciii) the time for any Designated the Borrower’s 's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Agent and the Banks may deem proper;
(div) any Guaranteed Party the Agent or the Banks may discharge or release, in whole or in part, any other Loan Party guarantor or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor and shall any Guaranteed Party not be liable obligated to the Guarantor for any failure to collect demand or enforce payment upon any of the
(v) in addition to the Collateral, the Agent and the Banks may take and hold other security (legal or performance equitable) of any kind, at any time, as collateral for the Guaranteed Obligations Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any Personsuch action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(evi) the Guaranteed Parties Agent and the Banks may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated the Borrower to any Guaranteed Party the Agent or the Banks and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvii) the Guaranteed Parties Agent and the Banks may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Partythe Agent and the Banks, with respect to the Guaranteed Obligations, any of the Collateral or other security for any or all of the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated BorrowersBorrower; all as the Guaranteed Parties Agent and the Banks may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 1 contract
Consents of Guarantor. The Guarantor Pledgor hereby unconditionally consents and agrees that, without notice to or further assent from the GuarantorPledgor:
(ai) the principal amount of the Guaranteed Secured Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Borrower under the Loan Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(bii) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation Secured Obligations or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(ciii) the time for any Designated the Borrower’s 's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Guarantied Party may deem proper;
(div) any Guaranteed the Guarantied Party may discharge or release, in whole or in part, any other Loan Party Pledgor or any other Person liable for the payment and performance of all or any part of the Guaranteed Secured Obligations, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any of the Collateral or any other collateral, nor shall any Guaranteed the Guarantied Party be liable to the Guarantor Pledgor for any failure to collect or enforce payment or performance of the Guaranteed Secured Obligations from any PersonPerson or to realize Collateral or other collateral therefor;
(ev) in addition to the Collateral, the Guarantied Party may take and hold other security (legal or equitable) of any kind, at any time, as collateral for the Secured Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(vi) the Guaranteed Parties Guarantied Party may request and accept other guaranties of the Guaranteed Secured Obligations and any other indebtedness, obligations or liabilities of any Designated the Borrower to any Guaranteed the Guarantied Party and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvii) the Guaranteed Parties Guarantied Party may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Revolving Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed the Guarantied Party, with respect to the Guaranteed ObligationsSecured Obligations or any of the Collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor Pledgor against the Designated BorrowersBorrower; all as the Guaranteed Parties Guarantied Party may deem advisable, and all without impairing, abridging, releasing or affecting this GuarantyAgreement.
Appears in 1 contract
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Chiron under the Loan Documents Indenture may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document the Indenture, the Notes or otherwise;
(bii) the time, manner, place or terms of any payment under any Loan Document the Indenture or the Notes may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Documentthe Indenture or the Notes, by an amendment, modification or renewal of any Loan Document the Indenture or otherwisethe Notes;
(ciii) the time for any Designated Borrower’s (or any other Person’s) Chiron's performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document the Indenture may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Trustee may deem proper; all without impairing, abridging, or releasing this Guaranty;
(div) any Guaranteed Party the Trustee may discharge or release, in whole or in part, any other Loan Party guarantor or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor and the Trustee shall any Guaranteed Party not be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person;
(ev) the Guaranteed Parties Trustee may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated Borrower Chiron to any Guaranteed Party the Trustee and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvi) the Guaranteed Parties Trustee may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Partythe Trustee, with respect to the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.Chiron;
Appears in 1 contract
Samples: Guaranty (Chiron Corp)
Consents of Guarantor. The Guarantor hereby --------------------- unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Company under the Loan Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(bii) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(ciii) the time for any Designated Borrower’s the Company's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Agent and the Banks may deem proper;
(div) any Guaranteed Party the Agent or the Banks may discharge or release, in whole or in part, any other Loan Party guarantor or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any of the Collateral or any other collateral, nor shall any Guaranteed Party the Agent or the Banks be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any PersonPerson or to realize on the Collateral or other collateral therefor;
(ev) in addition to the Collateral, the Agent and the Banks may take and hold other security (legal or equitable) of any kind, at any time, as collateral for the Guaranteed Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(vi) the Guaranteed Parties Agent and the Banks may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated Borrower the Company to any Guaranteed Party the Agent or the Banks and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvii) the Guaranteed Parties Agent and the Banks may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Partythe Agent and the Banks, with respect to the Guaranteed ObligationsObligations or any of the Collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated BorrowersCompany; all as the Guaranteed Parties Agent and the Banks may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 1 contract
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or and without further assent from the Guarantor, all as Park Cattle may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty:
(a) the principal The amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Obligors under the Loan Documents Lease may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document the Lease or otherwise;.
(b) the The time, manner, place or terms of any payment under any Loan Document the Lease may be extended or changed, including by an increase or decrease in the rent or interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Documentthe Lease, by an amendment, modification or renewal of any Loan Document the Lease or otherwise;.
(c) the The time for any Designated Borrower’s Obligors’ (or any other Personparty’s) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document the Lease may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Park Cattle may deem proper;.
(d) any Guaranteed Party Park Cattle may discharge or release, in whole or in part, any other Loan Party guarantor or any other Person party liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor and shall any Guaranteed Party not be liable to the any Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person;party.
(e) the Guaranteed Parties Park Cattle may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated Borrower Obligors to any Guaranteed Party Park Cattle and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and.
(f) the Guaranteed Parties Park Cattle may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan Guaranteed Obligation and any power of sale) granted by any Loan Document the Lease or other security document or agreement, or otherwise available to any Guaranteed PartyPark Cattle, with respect to the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of Guarantor against Obligors. Park Cattle agrees to provide Guarantor with timely notice of any of the events set forth in Paragraphs 3(a) through 3(f) above, but the failure to provide any such notice shall in no way limit, modify or diminish any of obligations of the Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guarantyhereunder.
Appears in 1 contract
Samples: Montbleu Lease Amendment (Tropicana Entertainment Inc.)
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Cetus under the Loan Documents Indenture may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document the Indenture, the Debentures or otherwise;
(bii) the time, manner, place or terms of any payment under any Loan Document the Indenture or the Debentures may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Documentthe Indenture or the Debentures, by an amendment, modification or renewal of any Loan Document the Indenture or otherwisethe Debentures;
(ciii) the time for any Designated Borrower’s (or any other Person’s) Cetus's performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document the Indenture may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Trustee may deem proper; all without impairing, abridging, or releasing this Guaranty;
(div) any Guaranteed Party the Trustee may discharge or release, in whole or in part, any other Loan Party guarantor or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor and the Trustee shall any Guaranteed Party not be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person;
(ev) the Guaranteed Parties Trustee may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated Borrower Cetus to any Guaranteed Party the Trustee and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvi) the Guaranteed Parties Trustee may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Partythe Trustee, with respect to the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.Cetus;
Appears in 1 contract
Samples: Guaranty (Chiron Corp)
Consents of Guarantor. The Each Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Company under the Loan Documents may be incurredincurred and the time, manner, place or terms of any payment under any Loan Document be extended or changed, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(b) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(cii) the time for any Designated Borrower’s the Company's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as any Guaranteed Person (or the Guaranteed Parties Majority Lenders, as the case may be) may deem proper;
(diii) any each Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person;
(e) the Guaranteed Parties may request and accept other guaranties of guarantees and may take and hold other security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any Designated Borrower to any Guaranteed Party and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty other guaranties or security and may permit or consent to any such action or the result of any such action; and, and may apply such security and direct the order or manner of sale thereof;
(fiv) the each Guaranteed Parties Person may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege thereof affects or eliminates any right of subrogation or any other right of the such Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.Company;
Appears in 1 contract
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor, and all without impairing, abridging, releasing or affecting this Guaranty:
(a) the principal The amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties under the Loan Documents Borrower may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(b) the The time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Documentpayable, by an amendment, modification or renewal of any Loan Document or otherwise;
(c) the The time for any Designated Borrower’s (or any other Personparty’s) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Lender may deem proper;
(d) any Guaranteed Party Lender may discharge or release, in whole or in part, any other Loan Party guarantor or any other Person party liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any of the collateral for the Loan, nor shall any Guaranteed Party Lender be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Personparty or to realize on the collateral therefor;
(e) Lender may take and hold Collateral (legal or equitable) of any kind, at any time, for the Guaranteed Parties Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(f) Lender may request and accept other guaranties guarantees of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated Borrower to any Guaranteed Party Lender and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fg) the Guaranteed Parties Lender may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document the note or other security document or agreement, or otherwise available to any Guaranteed PartyLender, with respect to the Guaranteed Obligations, any of the collateral for the Loan or other security for any or all of the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this GuarantyBorrower.
Appears in 1 contract
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations of the Loan Parties Company under the Loan Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(bii) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(ciii) the time for any Designated Borrowerthe Company’s (or any other Person’s) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties may deem proper;
(div) any Guaranteed Party may discharge or release, in whole or in part, any other Loan Party guarantor or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any collateral, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any PersonPerson or to realize on any collateral therefor;
(ev) the Guaranteed Parties may take and hold security (legal or equitable) of any kind, at any time, as collateral for the Guaranteed Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(vi) the Guaranteed Parties may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated Borrower the Company to any Guaranteed Party and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvii) the Guaranteed Parties may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed ObligationsObligations or any collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated BorrowersCompany; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 1 contract
Samples: Guaranty (Storage Technology Corp)
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations of the Loan Parties under the Loan Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(bii) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(ciii) the time for any Designated Borrower’s Subsidiary Obligor's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties may deem proper;
(div) any Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any of the Collateral or any other collateral, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any PersonPerson or to realize on the Collateral or other collateral therefor;
(ev) the Guaranteed Parties may take and hold other security (legal or equitable) of any kind at any time, as collateral for the Guaranteed Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(vi) the Guaranteed Parties may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated Borrower Subsidiary Obligor to any Guaranteed Party and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvii) the Guaranteed Parties may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed ObligationsObligations or any of the Collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated Borrowersany Subsidiary Obligor; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 1 contract
Samples: Credit Agreement (Jacobs Engineering Group Inc /De/)
Consents of Guarantor. The Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations of the Loan Parties under the Loan Documents may be incurred, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(bii) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(ciii) the time for any Designated Borrowerthe Company’s (or any other Person’s) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties may deem proper;
(div) any Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, and shall not be obligated to demand or enforce payment upon any collateral securing the Guaranteed Obligations or any other collateral, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any PersonPerson or to realize on the any collateral securing the Guaranteed Obligations or other collateral therefor;
(ev) the Guaranteed Parties may take and hold other security (legal or equitable) of any kind, at any time, as collateral for the Guaranteed Obligations, and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend such security and may permit or consent to any such action or the result of any such action, and may apply such security and direct the order or manner of sale thereof;
(vi) the Guaranteed Parties may request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of any Designated Borrower the Company to any Guaranteed Party and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty and may permit or consent to any such action or the result of any such action; and
(fvii) the Guaranteed Parties may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed Obligations or any collateral securing the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Designated BorrowersCompany; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.
Appears in 1 contract
Consents of Guarantor. The Each Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Borrower under the Loan Documents may be incurredincurred and the time, manner, place or terms of any payment under any Loan Document be extended or changed, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(b) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(cii) the time for any Designated the Borrower’s 's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Administrative Agent, the Issuing Bank and the Banks (or the Majority Banks, as the case may be) may deem proper;
(d) any Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person;
(eiii) the Guaranteed Parties Administrative Agent, the Issuing Bank and the Banks may request and accept other guaranties of and may take and hold other security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any Designated Borrower to any Guaranteed Party and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty other guaranties or security and may permit or consent to any such action or the result of any such action; and, and may apply such security and direct the order or manner of sale thereof;
(fiv) the Guaranteed Parties Administrative Agent, the Issuing Bank and the Banks may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege thereof affects or eliminates any right of subrogation or any other right of the such Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.Borrower;
Appears in 1 contract
Samples: Credit Agreement (Mail Well Inc)
Consents of Guarantor. The Each Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Borrower under the Loan Documents may be incurredincurred and the time, manner, place or terms of any payment under any Loan Document be extended or changed, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(b) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(cii) the time for any Designated the Borrower’s 's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as the Guaranteed Parties Administrative Agent and the Banks (or the Majority Banks, as the case may be) may deem proper;
(d) any Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person;
(eiii) the Guaranteed Parties Administrative Agent and the Banks may request and accept other guaranties of and may take and hold other security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any Designated Borrower to any Guaranteed Party and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty other guaranties or security and may permit or consent to any such action or the result of any such action; and, and may apply such security and direct the order or manner of sale thereof;
(fiv) the Guaranteed Parties Administrative Agent and the Banks may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege thereof affects or eliminates any right of subrogation or any other right of the such Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.Borrower;
Appears in 1 contract
Samples: Credit Agreement (Mail Well Inc)
Consents of Guarantor. The Each Guarantor hereby --------------------- unconditionally consents and agrees that, without notice to or further assent from the such Guarantor:
(ai) the principal amount of the Guaranteed Obligations may be increased or decreased and additional Obligations indebtedness or obligations of the Loan Parties Company under the Loan Documents may be incurredincurred and the time, manner, place or terms of any payment under any Loan Document be extended or changed, by one or more amendments, modifications, renewals or extensions of any Loan Document or otherwise;
(b) the time, manner, place or terms of any payment under any Loan Document may be extended or changed, including by an increase or decrease in the interest rate on any Guaranteed Obligation or any fee or other amount payable under such Loan Document, by an amendment, modification or renewal of any Loan Document or otherwise;
(cii) the time for any Designated Borrower’s the Company's (or any other Person’s's) performance of or compliance with any term, covenant or agreement on its part to be performed or observed under any Loan Document may be extended, or such performance or compliance waived, or failure in or departure from such performance or compliance consented to, all in such manner and upon such terms as any Guaranteed Person (or the Guaranteed Parties Majority Lenders, as the case may be) may deem proper;
(diii) any each Guaranteed Party may discharge or release, in whole or in part, any other Loan Party or any other Person liable for the payment and performance of all or any part of the Guaranteed Obligations, and may permit or consent to any such action or any result of such action, nor shall any Guaranteed Party be liable to the Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person;
(e) the Guaranteed Parties may request and accept other guaranties of guarantees and may take and hold other security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any Designated Borrower to any Guaranteed Party and may, from time to time, in whole or in part, exchange, sell, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guaranty other guaranties or security and may permit or consent to any such action or the result of any such action; and, and may apply such security and direct the order or manner of sale thereof;
(fiv) the each Guaranteed Parties Person may exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of any Loan and any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to any Guaranteed Party, with respect to the Guaranteed Obligations, even if the exercise of such right, remedy, power or privilege thereof affects or eliminates any right of subrogation or any other right of the such Guarantor against the Designated Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this GuarantyCompany.
Appears in 1 contract
Samples: Credit Agreement (Mail Well Inc)