Common use of Consents of Subsidiary Guarantors Clause in Contracts

Consents of Subsidiary Guarantors. Each Subsidiary Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the Subsidiary 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 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 Subsidiary Guarantor or 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 such Subsidiary 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 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 such Subsidiary Guarantor against the 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)

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Consents of Subsidiary Guarantors. Each Subsidiary Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Subsidiary 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 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; (c) the time for any 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 (as applicable under the relevant Loan Documents) may deem proper; (d) any Guaranteed Party may discharge or release, in whole or in part, any other Subsidiary Guarantor or 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 such Subsidiary Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person; (ec) the Guaranteed Parties Lender may request and accept other guaranties of and may take and hold security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any 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 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 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 such Subsidiary Guarantor against the Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this Guaranty.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amyris, Inc.), Loan and Security Agreement (Amyris, Inc.)

Consents of Subsidiary Guarantors. Each Subsidiary Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Subsidiary 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 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 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 Agent (as applicable under the Guaranteed Parties relevant Loan Documents) may deem proper; (diii) any Guaranteed Party may discharge or release, in whole or in part, any other Subsidiary Guarantor or 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 such Subsidiary Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person; (e) the Guaranteed Parties Agent may request and accept other guaranties of and may take and hold security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any 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 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 such Subsidiary Guarantor against the Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this GuarantyBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Amyris, Inc.)

Consents of Subsidiary Guarantors. Each Subsidiary Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Subsidiary 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 or otherwise may be incurredincurred and the time, manner, place or terms of any payment under any Loan Document or otherwise 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 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 or otherwise 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 Lender or any September Notes Lender (as applicable under the Guaranteed Parties relevant Loan Documents or otherwise) may deem proper; (diii) any Guaranteed Party may discharge or release, in whole or in part, Lender and/or any other Subsidiary Guarantor or 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 such Subsidiary Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person; (e) the Guaranteed Parties September Notes Lender may request and accept other guaranties of and may take and hold security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any 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 any Lender and/or any September Notes 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 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 such Subsidiary Guarantor against the 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 and Security Agreement (Amyris, Inc.)

Consents of Subsidiary Guarantors. Each Subsidiary Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Subsidiary 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 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 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 Administrative Agent and Lenders (as applicable under the Guaranteed Parties relevant Loan Documents) may deem proper; (diii) any Guaranteed Party may discharge or release, in whole or in part, any other Subsidiary Guarantor or other Loan Party or any other Person liable for the payment Administrative Agent 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 such Subsidiary Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person; (e) the Guaranteed Parties Lenders may request and accept other guaranties of and may take and hold security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any 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 Administrative Agent or 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 such Subsidiary Guarantor against the Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this GuarantyBorrower.

Appears in 1 contract

Samples: Credit Agreement (FlexShopper, Inc.)

Consents of Subsidiary Guarantors. Each Subsidiary Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Subsidiary 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 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 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 Lender (as applicable under the Guaranteed Parties relevant Loan Documents) may deem proper; (diii) any Guaranteed Party may discharge or release, in whole or in part, any other Subsidiary Guarantor or 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 such Subsidiary Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person; (e) the Guaranteed Parties Lender may request and accept other guaranties of and may take and hold security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any 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 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 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 such Subsidiary Guarantor against the Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this GuarantyBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Amyris, Inc.)

Consents of Subsidiary Guarantors. Each Subsidiary Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Subsidiary 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 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 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 Lender (as applicable under the Guaranteed Parties relevant Loan Documents) may deem proper; (diii) any Guaranteed Party may discharge Agent or release, in whole or in part, any other Subsidiary Guarantor or 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 such Subsidiary Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person; (e) the Guaranteed Parties Lender may request and accept other guaranties of and may take and hold security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any 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 or 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 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 such Subsidiary Guarantor against the Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this GuarantyBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Egalet Corp)

Consents of Subsidiary Guarantors. Each Subsidiary Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Subsidiary 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 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 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 Agent (as applicable under the Guaranteed Parties relevant Loan Documents) may deem proper; (diii) any Guaranteed Party may discharge or release, in whole or in part, any other Subsidiary Guarantor or 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 such Subsidiary Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person; (e) the Guaranteed Parties Agent may request and accept other guaranties of and may take and hold security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any 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 and (fiv) the Guaranteed Parties Agent 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 such Subsidiary Guarantor against the Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this GuarantyBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Amyris, Inc.)

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Consents of Subsidiary Guarantors. Each Subsidiary Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the any such Subsidiary 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 or any Bank Product may be incurredincurred and the time, manner, place or terms of any payment under any Loan Document or any Bank Product may be extended or changed, by one or more amendments, modifications, renewals or extensions of any Loan Document Document, any Bank Product 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 Borrower’s the Borrowers’ (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 or any Bank Product 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 Administrative Agent, Lending Parties or Bank Product Providers (as applicable under the Guaranteed Parties relevant Loan Documents or Bank Product) may deem proper; (diii) any Guaranteed Party may discharge or releaseAdministrative Agent, in whole or in part, any other Subsidiary Guarantor or other Loan Party or any other Person liable for the payment Lending Parties 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 such Subsidiary Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person; (e) the Guaranteed Parties Bank Product Providers may request and accept other guaranties of and may take and hold security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any 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 Administrative Agent, Lending Parties or Bank Products 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 such Subsidiary Guarantor against the 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 (Ch2m Hill Companies LTD)

Consents of Subsidiary Guarantors. Each Subsidiary Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Subsidiary 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 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 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; (diii) any Guaranteed Party may discharge or release, in whole or in part, any other Subsidiary Guarantor or 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 such Subsidiary Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person; (e) the Guaranteed Parties Bank may request and accept other guaranties of and may take and hold security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any 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 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 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 such Subsidiary Guarantor against the Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this GuarantyBorrower.

Appears in 1 contract

Samples: Credit Agreement (American Reprographics CO)

Consents of Subsidiary Guarantors. Each Subsidiary Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the any such Subsidiary 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 or any Bank Product may be incurredincurred and the time, manner, place or terms of any payment under any Loan Document or any Bank Product may be extended or changed, by one or more amendments, modifications, renewals or extensions of any Loan Document Document, any Bank Product 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 Borrower’s the Borrowers’ (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 or any Bank Product 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 Administrative Agent and, Lending Parties or Bank Product Providers (as applicable under the Guaranteed Parties relevant Loan Documents or Bank Product) may deem proper; (diii) any Guaranteed Party may discharge or releaseAdministrative Agent and, in whole or in part, any other Subsidiary Guarantor or other Loan Party or any other Person liable for the payment Lending Parties 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 such Subsidiary Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person; (e) the Guaranteed Parties Bank Product Providers may request and accept other guaranties of and may take and hold security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any 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 Administrative Agent or, Lending Parties or Bank Products 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 such Subsidiary Guarantor against the 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 (Ch2m Hill Companies LTD)

Consents of Subsidiary Guarantors. Each Subsidiary Guarantor hereby unconditionally consents and agrees that, without notice to or further assent from the such Subsidiary 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 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 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 Lender (as applicable under the Guaranteed Parties relevant Loan Documents) may deem proper; (diii) any Guaranteed Party may discharge or release, in whole or in part, any other Subsidiary Guarantor or 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 such Subsidiary Guarantor for any failure to collect or enforce payment or performance of the Guaranteed Obligations from any Person; (e) the Guaranteed Parties Lender may request and accept other guaranties of and may take and hold security as collateral for the Guaranteed Obligations and any other indebtednessObligations, obligations or liabilities of any 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 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 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 such Subsidiary Guarantor against the Borrowers; all as the Guaranteed Parties may deem advisable, and all without impairing, abridging, releasing or affecting this GuarantyBorrower.

Appears in 1 contract

Samples: Loan and Security Agreement (BioAmber Inc.)

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