Common use of Dealing with the Company and Others Clause in Contracts

Dealing with the Company and Others. The First Priority Holders and the First Priority Indenture Trustee (subject to the other provisions of this First Priority Indenture) may, and, to the extent permitted under the First Priority Collateral Trust Agreement, the First Priority Collateral Trustee may, without releasing, discharging, limiting or otherwise affecting in whole or in part the obligations and liabilities of any First Priority Guarantor hereunder and without the consent of or notice to any First Priority Guarantor: (i) grant time, renewals, extensions, compromises, concessions, waivers, releases, discharges and other indulgences to the Company or any other Person; (ii) take or abstain from taking security or collateral from the Company or any other Person or from perfecting security or collateral of the Company or any other Person; (iii) release, discharge, compromise, realize, enforce, or otherwise deal with or do any act or thing in respect of (with or without consideration) any and all collateral, mortgages, or other security given by the Company or any other Person with respect to the obligations or matters contemplated by this First Priority Indenture, the First Priority Securities, or any other First Priority Document or any other First Priority Obligations; (iv) accept compromises or arrangements from the Company or any other Person; (v) apply all monies at any time received from the Company or any other Person or from any security upon such part of the First Priority Guarantee Obligations or other obligations hereunder of the First Priority Guarantor as the First Priority Holders may see fit or change any such application in whole or in part from time to time as the First Priority Holders may see fit; and (vi) otherwise deal with, or waive or modify their right to deal with, the Company and all other Persons and any security as the First Priority Holders or the First Priority Indenture Trustee or First Priority Collateral Trustee may see fit.

Dealing with the Company and Others. The First Second Priority Holders and the First Priority Indenture Trustee (subject to the other provisions of this First Priority Indenture) may, and, to the extent permitted under the First Second Priority Collateral Trust Agreement, the First Second Priority Collateral Trustee may, without releasing, discharging, limiting or otherwise affecting in whole or in part the obligations and liabilities of any First Priority Guarantor hereunder and without the consent of or notice to any First Priority Guarantor: (ia) grant time, renewals, extensions, compromises, concessions, waivers, releases, discharges and other indulgences to the Company or any other Person; (iib) take or abstain from taking security or collateral Collateral from the Company or any other Person or from perfecting security or collateral Collateral of the Company or any other Person; (iiic) release, discharge, compromise, realize, enforce, or otherwise deal with or do any act or thing in respect of (with or without consideration) any and all collateralCollateral, mortgages, or other security given by the Company or any other Person with respect to the obligations or matters contemplated by this First Priority Indenture, the First Second Priority Securities, or any other First Second Priority Document or any other First Second Priority Obligations; (ivd) accept compromises or arrangements from the Company or any other Person; (ve) apply all monies at any time received from the Company or any other Person or from any security upon such part of the First Second Priority Guarantee Obligations or other obligations hereunder of the First Priority Guarantor as the First Second Priority Holders may see fit or change any such application in whole or in part from time to time as the First Second Priority Holders may see fit; and (vif) otherwise deal with, or waive or modify their right to deal with, the Company and all other Persons and any security as the First Second Priority Holders or the First Priority Indenture Trustee or First Second Priority Collateral Trustee may see fit.

Dealing with the Company and Others. (a) The First Priority Holders obligations and liabilities of Guarantor hereunder shall not be released, discharged, limited or in any way affected by anything done, suffered or permitted by the First Priority Indenture Trustee (subject Bank in connection with any monies or credit advanced by the Bank to the other provisions of this First Priority Indenture) mayCompany or any security therefor, andincluding, to without limitation, any loss of, or in respect of, any security received by the extent permitted under Bank from the First Priority Collateral Trust AgreementCompany, the First Priority Collateral Trustee mayGuarantor or others. It is agreed that the Bank, without releasing, discharging, limiting or otherwise affecting in whole or in part the Guarantor’s obligations and liabilities hereunder, may, without limiting the generality of any First Priority Guarantor hereunder and without the consent of or notice to any First Priority Guarantorforegoing: (i) grant time, renewals, extensions, compromisesindulgences, concessions, waivers, releases, releases and discharges and other indulgences to the Company or any other PersonCompany; (ii) take or abstain from taking security or collateral from for the Company or any other Person Obligations or from perfecting security or collateral of for the Company or any other PersonObligations; (iii) release, discharge, compromise, realize, enforce, compromise or otherwise deal with or do any act or thing in respect of (with or without consideration) any and all collateral, mortgages, indemnities, guaranties or other security given by the Guarantor, the Company or any other Person with respect to the obligations or matters contemplated by this First Priority Indenture, the First Priority Securities, or any other First Priority Document or any other First Priority Obligations; (iv) accept compromises or arrangements from the Company or any other PersonCompany; (v) apply all monies at any time received from the Company or any other Person or from any security guaranties, indemnities or any collateral upon such part of the First Priority Guarantee Obligations or other obligations hereunder of the First Priority Guarantor as the First Priority Holders Bank may see fit or change any such application in whole or in part from time to time as the First Priority Holders Bank may see fit; andor (vi) otherwise deal with, or waive or modify their right to deal with, with the Company and all other Persons and any security collateral as the First Priority Holders or the First Priority Indenture Trustee or First Priority Collateral Trustee Bank may see fit. (b) the Bank shall not be bound or obliged to exhaust recourse against the Company or other Persons or any security, guarantee, indemnity, mortgage or collateral it may hold or take any other action (other than make demand pursuant to Section 7 of this Continuing Guarantee) before being entitled to payment from the Guarantor hereunder; and (c) any amount settled by or between the Bank and the Company shall be accepted by the Guarantor as conclusive evidence that the balance or amount thereby appearing due to the Bank is so due.

Dealing with the Company and Others. (a) The First Priority Holders obligations and liabilities of Guarantor hereunder shall not be released, discharged, limited or in any way affected by anything done, suffered or permitted by the First Priority Indenture Trustee (subject Secured Parties in connection with any monies or credit advanced by the Secured Parties to the other provisions of this First Priority Indenture) mayCompany or any security therefor, andincluding, to without limitation, any loss of, or in respect of, any security received by Secured Parties from the extent permitted under the First Priority Collateral Trust AgreementCompany, the First Priority Collateral Trustee mayGuarantor or others. It is agreed that the Secured Parties, without releasing, discharging, limiting or otherwise affecting in whole or in part the Guarantor's obligations and liabilities hereunder, may, without limiting the generality of any First Priority Guarantor hereunder and without the consent of or notice to any First Priority Guarantorforegoing: (i) grant time, renewals, extensions, compromisesindulgences, concessions, waivers, releases, releases and discharges and other indulgences to the Company or any other PersonCompany; (ii) take or abstain from taking security or collateral from for the Company or any other Person Obligations or from perfecting security or collateral of for the Company or any other PersonObligations; (iii) release, discharge, compromise, realize, enforce, compromise or otherwise deal with or do any act or thing in respect of (with or without consideration) any and all collateral, mortgages, indemnities, guaranties or other security given by the Guarantor, the Company or any other Person with respect to the obligations or matters contemplated by this First Priority Indenture, the First Priority Securities, or any other First Priority Document or any other First Priority Obligations; (iv) accept compromises or arrangements from the Company or any other PersonCompany; (v) apply all monies at any time received from the Company or any other Person or from any security guaranties, indemnities or any collateral upon such part of the First Priority Guarantee Obligations or other obligations hereunder of the First Priority Guarantor as the First Priority Holders Agent may see fit or change any such application in whole or in part from time to time as the First Priority Holders Agent may see fit; andor (vi) otherwise deal with, or waive or modify their right to deal with, with the Company and all other Persons and any security collateral as the First Priority Holders or the First Priority Indenture Trustee or First Priority Collateral Trustee Agent may see fit. (b) None of the Secured Parties shall be bound or obliged to exhaust recourse against the Company or other Persons or any security, guarantee, indemnity, mortgage or collateral it may hold or take any other action (other than make demand pursuant to Section 7 of this Continuing Guarantee) before being entitled to payment from the Guarantor hereunder; and (c) any amount settled by or between the Secured Parties and the Company shall be accepted by the Guarantor as conclusive evidence that the balance or amount thereby appearing due to the Secured Parties is so due.

Dealing with the Company and Others. (a) The First Priority Holders obligations and liabilities of Guarantor hereunder shall not be released, discharged, limited or in any way affected by anything done, suffered or permitted by the First Priority Indenture Trustee (subject Banks in connection with any monies or credit advanced by the Banks to the other provisions Company or any security therefor, including, without limitation, any loss of, or in respect of, any security received by the Agent or any of this First Priority Indenture) may, and, to the extent permitted under Banks from the First Priority Collateral Trust AgreementCompany, the First Priority Collateral Trustee mayGuarantor or others. It is agreed that the Banks, without releasing, discharging, limiting or otherwise affecting in whole or in part the Guarantor's obligations and liabilities hereunder, may, without limiting the generality of any First Priority Guarantor hereunder and without the consent of or notice to any First Priority Guarantorforegoing: (i) grant time, renewals, extensions, compromisesindulgences, concessions, waivers, releases, releases and discharges and other indulgences to the Company or any other PersonCompany; (ii) take or abstain from taking security or collateral from for the Company or any other Person Obligations or from perfecting security or collateral of for the Company or any other PersonObligations; (iii) release, discharge, compromise, realize, enforce, compromise or otherwise deal with or do any act or thing in respect of (with or without consideration) any and all collateral, mortgages, indemnities, guaranties or other security given by the Guarantor, the Company or any other Person with respect to the obligations or matters contemplated by this First Priority Indenture, the First Priority Securities, or any other First Priority Document or any other First Priority Obligations; (iv) accept compromises or arrangements from the Company or any other PersonCompany; (v) apply all monies at any time received from the Company or any other Person or from any security guaranties, indemnities or any collateral upon such part of the First Priority Guarantee Obligations or other obligations hereunder of the First Priority Guarantor as the First Priority Holders Banks may see fit or change any such application in whole or in part from time to time as the First Priority Holders Agent may see fit; andor (vi) otherwise deal with, or waive or modify their right to deal with, with the Company and all other Persons and any security collateral as the First Priority Holders or the First Priority Indenture Trustee or First Priority Collateral Trustee Agent may see fit. (b) Neither the Agent nor any of the Banks shall be bound or obliged to exhaust recourse against the Company or other Persons or any security, guarantee, indemnity, mortgage or collateral it may hold or take any other action (other than make demand pursuant to Section 7 of this Continuing Guarantee) before being entitled to payment from the Guarantor hereunder; and (c) any amount settled by or between the Banks and the Company shall be accepted by the Guarantor as conclusive evidence that the balance or amount thereby appearing due to the Banks is so due.