Common use of Dealings by the Harvest Lenders Clause in Contracts

Dealings by the Harvest Lenders. The Harvest Lenders may from time to time in their absolute discretion, without discharging, diminishing or in any way affecting the liability of the Guarantor hereunder: (a) permit any increase or decrease, however significant, of the Harvest Lender Obligations or supplement, amend, restate or substitute, in whole or in part, however significant, the Harvest Lender Obligations, any Harvest Lender Document or any other agreement relating to any of the foregoing or, in whole or in part, or demand payment of all or any Harvest Lender Obligations and/or the Indemnified Amounts; (b) enforce or take action under or abstain from enforcing or taking action under any Harvest Lender Document or any other Guarantee of the Harvest Lender Obligations; (c) receive, give up, subordinate, release or discharge any Security Interest; supplement, amend, restate, substitute, renew, abstain from renewing, perfect or abstain from perfecting or maintaining the perfection of any Security Interest; enforce, take action under or realize in any manner or abstain from enforcing, taking action under or realizing any Security Interest; deal with or abstain from dealing with all or any part of the undertaking, property and assets subject to any Security Interest; or allow or abstain from allowing any Other Harvest Party or other Persons to deal with all or any part of such undertaking, property and assets; (d) renew all or any part of the Harvest Lender Obligations or grant extensions of time or any other indulgences to any Other Harvest Party, the Guarantor or other Person liable directly or indirectly for all or any part of the Harvest Lender Obligations or Indemnified Amounts; (e) accept or make any compositions or arrangements with or release, discharge or otherwise deal with or abstain from dealing with any Other Harvest Party, the Guarantor or other Person liable directly or indirectly for all or any part of the Harvest Lender Obligations or Indemnified Amounts; (f) in whole or in part prove or abstain from proving any claim of the Agent or any Harvest Lender in any Proceedings of or affecting any Other Harvest Party or any other Person; and (g) agree with any Other Harvest Party, the Guarantor or any other Person to do anything described in paragraphs (a) to (f) above; whether or not any of the matters described in paragraphs (a) to (g) above occur alone or in connection with one or more other such matters. No loss of or in respect of any Security Interest for the Harvest Lender Obligations, the Indemnified Amounts or any part thereof, whether occasioned through the fault of the Agent or any Harvest Lenders or otherwise, shall discharge, diminish or in any way affect the liability of the Guarantor hereunder. Neither the Agent nor any other Harvest Lender nor any of their respective directors, officers, employees or agents or any receiver or receiver-manager appointed by any of them or by a court shall have any liability, whether in tort, contract or otherwise, for any neglect or any act taken or omitted to be taken by them in connection with the Harvest Lender Obligations or any part thereof or any Security Interest for the Harvest Lender Obligations or any part thereof including without limitation any of the matters described above in this Section 5.4, except in each case and with respect to a particular Party, such Party's gross negligence or wilful misconduct.

Dealings by the Harvest Lenders. The Harvest Lenders may from time to time in their absolute discretion, without discharging, diminishing or in any way affecting the liability of the Guarantor Subordinated Harvest Party hereunder: (a) permit any increase or decrease, however significant, of the Harvest Lender Obligations or supplement, amend, restate or substitute, in whole or in part, however significant, the Harvest Lender Obligations, any Harvest Lender Document or any other agreement relating to any of the foregoing or, in whole or in part, or demand payment of all or any Harvest Lender Obligations and/or the Indemnified AmountsObligations; (b) enforce or take action under or abstain from enforcing or taking action under any Harvest Lender Document or any other Guarantee of the Harvest Lender Obligations; (c) receive, give up, subordinate, release or discharge any Security Interest; supplement, amend, restate, substitute, renew, abstain from renewing, perfect or abstain from perfecting or maintaining the perfection of any Security Interest; enforce, take action under or realize in any manner or abstain from enforcing, taking action under or realizing any Security Interest; deal with or abstain from dealing with all or any part of the undertaking, property and assets subject to any Security Interest; or allow or abstain from allowing any Other Harvest Party or other Persons to deal with all or any part of such undertaking, property and assets; (d) renew all or any part of the Harvest Lender Obligations or grant extensions of time or any other indulgences to any Other Harvest Party, the Guarantor Subordinated Harvest Party or other Person liable directly or indirectly for all or any part of the Harvest Lender Obligations or Indemnified AmountsObligations; (e) accept or make any compositions or arrangements with or release, discharge or otherwise deal with or abstain from dealing with any Other Harvest Party, the Guarantor Subordinated Harvest Party or other Person liable directly or indirectly for all or any part of the Harvest Lender Obligations or Indemnified AmountsObligations; (f) in whole or in part prove or abstain from proving any claim of the Agent or any Harvest Lender in any Proceedings of or affecting any Other Harvest Party or any other Person; and (g) agree with any Other Harvest Party, the Guarantor Subordinated Harvest Party or any other Person to do anything described in paragraphs (a) to (f) above; whether or not any of the matters described in paragraphs (a) to (g) above occur alone or in connection with one or more other such matters. No loss of or in respect of any Security Interest for the Harvest Lender Obligations, the Indemnified Amounts Obligations or any part thereof, whether occasioned through the fault of the Agent or any Harvest Lenders or otherwise, shall discharge, diminish or in any way affect the liability of the Guarantor Subordinated Harvest Party hereunder. Neither the Agent nor any other Harvest Lender nor any of their respective directors, officers, employees or agents or any receiver or receiver-manager appointed by any of them or by a court shall have any liability, whether in tort, contract or otherwise, for any neglect or any act taken or omitted to be taken by them in connection with the Harvest Lender Obligations or any part thereof or any Security Interest for the Harvest Lender Obligations or any part thereof including without limitation any of the matters described above in this Section 5.43.4, except in each case and with respect to a particular Party, such Party's gross negligence or wilful misconduct.

Dealings by the Harvest Lenders. The Harvest Lenders may from time to time in their absolute discretion, without discharging, diminishing or in any way affecting the liability of the Guarantor Subordinated Affiliate hereunder: (a) permit any increase or decrease, however significant, of the Harvest Lender Obligations or supplement, amend, restate or substitute, in whole or in part, however significant, the Harvest Lender Obligations, any Harvest Lender Document or any other agreement relating to any of the foregoing or, in whole or in part, or demand payment of all or any Harvest Lender Obligations and/or the Indemnified AmountsObligations; (b) enforce or take action under or abstain from enforcing or taking action under any Harvest Lender Document or any other Guarantee of the Harvest Lender Obligations; (c) receive, give up, subordinate, release or discharge any Security Interest; supplement, amend, restate, substitute, renew, abstain from renewing, perfect or abstain from perfecting or maintaining the perfection of any Security Interest; enforce, take action under or realize in any manner or abstain from enforcing, taking action under or realizing any Security Interest; deal with or abstain from dealing with all or any part of the undertaking, property and assets subject to any Security Interest; or allow or abstain from allowing any Other Harvest Party or other Persons to deal with all or any part of such undertaking, property and assets; (d) renew all or any part of the Harvest Lender Obligations or grant extensions of time or any other indulgences to any Other Harvest Party, the Guarantor Subordinated Affiliate or other Person liable directly or indirectly for all or any part of the Harvest Lender Obligations or Indemnified AmountsObligations; (e) accept or make any compositions or arrangements with or release, discharge or otherwise deal with or abstain from dealing with any Other Harvest Party, the Guarantor Subordinated Affiliate or other Person liable directly or indirectly for all or any part of the Harvest Lender Obligations or Indemnified AmountsObligations; (f) in whole or in part prove or abstain from proving any claim of the Agent or any Harvest Lender in any Proceedings of or affecting any Other Harvest Party or any other Person; and (g) agree with any Other Harvest Party, the Guarantor Subordinated Affiliate or any other Person to do anything described in paragraphs (a) to (f) above; whether or not any of the matters described in paragraphs (a) to (g) above occur alone or in connection with one or more other such matters. No loss of or in respect of any Security Interest for the Harvest Lender Obligations, the Indemnified Amounts Obligations or any part thereof, whether occasioned through the fault of the Agent or any Harvest Lenders or otherwise, shall discharge, diminish or in any way affect the liability of the Guarantor Subordinated Affiliate hereunder. Neither the Agent nor any other Harvest Lender nor any of their respective directors, officers, employees or agents or any receiver or receiver-manager appointed by any of them or by a court shall have any liability, whether in tort, contract or otherwise, for any neglect or any act taken or omitted to be taken by them in connection with the Harvest Lender Obligations or any part thereof or any Security Interest for the Harvest Lender Obligations or any part thereof including without limitation any of the matters described above in this Section 5.43.4, except in each case and with respect to a particular Party, such Party's gross negligence or wilful misconduct.