Common use of Direct Obligation Clause in Contracts

Direct Obligation. Neither the Administrative Agent nor any other Secured Party shall be required, subject to the DIP Orders, to make any demand upon, or pursue or exhaust any right or remedy against, any Obligor or any other Person with respect to the payment of the Obligations or to pursue or exhaust any right or remedy with respect to any Collateral therefor or any direct or indirect guaranty thereof. All of the rights and remedies of the Administrative Agent and any other Secured Party under any Loan Document shall be cumulative, may be exercised individually or concurrently and not exclusive of any other rights or remedies provided by any Applicable Law. To the extent it may lawfully do so, each Obligor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Administrative Agent or any Lender or other Secured Party, any valuation, stay, appraisement, extension, redemption or similar laws and any and all rights or defenses it may have as a surety, now or hereafter existing, arising out of the exercise by them of any rights hereunder. If any notice of a proposed sale or other disposition of any Collateral shall be required by law, such notice shall be deemed reasonable and proper if given at least 10 calendar days before such Sale or other disposition.

Appears in 3 contracts

Samples: Senior Secured Super Priority Debtor in Possession Loan and Security Agreement (Core Scientific, Inc./Tx), Loan and Security Agreement (Core Scientific, Inc./Tx), Loan and Security Agreement (Core Scientific, Inc./Tx)

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Direct Obligation. Neither the Administrative Second Lien Collateral Agent nor any other Secured Party shall be required, subject to the DIP Orders, required to make any demand upon, or pursue or exhaust any right or remedy against, any Obligor Grantor, any other Credit Party or any other Person with respect to the payment of the Obligations or to pursue or exhaust any right or remedy with respect to any Collateral therefor or any direct or indirect guaranty thereof. All of the rights and remedies of the Administrative Second Lien Collateral Agent and any other Secured Party under any Loan Document shall be cumulative, may be exercised individually or concurrently and not exclusive of any other rights or remedies provided by any Applicable Requirement of Law. To the extent it may lawfully do so, each Obligor Grantor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Administrative Second Lien Collateral Agent or any Lender or other Secured PartyLender, any valuation, stay, appraisement, extension, redemption or similar laws and any and all rights or defenses it may have as a surety, now or hereafter existing, arising out of the exercise by them of any rights hereunder. If any notice of a proposed sale or other disposition of any Collateral shall be required by law, such notice shall be deemed reasonable and proper if given at least 10 calendar ten (10) days before such Sale sale or other disposition.

Appears in 1 contract

Samples: Guaranty and Security Agreement (CSAV Holding Corp.)

Direct Obligation. Neither the Primary Administrative Agent nor any other Secured Party shall be required, subject to the DIP Orders, required to make any demand upon, or pursue or exhaust any right or remedy against, any Obligor Grantor, any other Loan Party or any other Person with respect to the payment of the Obligations or to pursue or exhaust any right or remedy with respect to any Collateral therefor or any direct or indirect guaranty thereof. All of the rights and remedies of the Primary Administrative Agent and any other Secured Party under any Loan Document shall be cumulative, may be exercised individually or concurrently and not exclusive of any other rights or remedies provided by any Applicable Requirement of Law. To the extent it may lawfully do so, each Obligor Grantor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Primary Administrative Agent, the Collateral Agent or any Lender or other Secured PartyLender, any valuation, stay, appraisement, extension, redemption or similar laws and any and all rights or defenses it may have as a surety, now or hereafter existing, arising out of the exercise by them of any rights hereunder. If any notice of a proposed sale or other disposition of any Collateral shall be required by law, such notice shall be deemed reasonable and proper if given at least 10 calendar days before such Sale sale or other disposition.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Dayton Superior Corp)

Direct Obligation. Neither the Administrative Collateral Agent nor any other Secured Party shall be required, subject to the DIP Orders, required to make any demand upon, or pursue or exhaust any right or remedy against, any Obligor Grantor, any other Loan Party or any other Person with respect to the payment of the Secured Obligations or to pursue or exhaust any right or remedy with respect to any Collateral therefor or any direct or indirect guaranty thereof. All of the rights and remedies of the Administrative Collateral Agent and any other Secured Party under any Loan CHG Lease Facility Document shall be cumulative, may be exercised individually or concurrently and not exclusive of any other rights or remedies provided by any Applicable Requirement of Law. To the extent it may lawfully do so, each Obligor Grantor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Administrative Collateral Agent or any Lender or other Secured Party, any valuation, stay, appraisement, extension, redemption or similar laws and any and all rights or defenses it may have as a surety, now or hereafter existing, arising out of the exercise by them of any rights hereunder. If any notice of a proposed sale or other disposition of any Collateral shall be required by law, such notice shall be deemed reasonable and proper if given at least 10 calendar days before such Sale sale or other disposition.

Appears in 1 contract

Samples: Security Agreement (Cinedigm Digital Cinema Corp.)

Direct Obligation. Neither the Administrative Agent nor any other Secured Party shall be required, subject to the DIP Orders, required to make any demand upon, or pursue or exhaust any right or remedy against, the Guarantor, any Obligor other Credit Party or any other Person with respect to the payment of the Obligations obligations under the Term Loan Agreement and the other Credit Documents or to pursue or exhaust any right or remedy with respect to any the Collateral therefor or any direct or indirect guaranty thereof. All of the rights and remedies of the Administrative Agent and any other Secured Party under any Loan Credit Document shall be cumulative, may be exercised individually or concurrently and not exclusive of any other rights or remedies provided by any Applicable Lawapplicable law. To the extent it may lawfully do so, each Obligor the Guarantor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Administrative Agent or any Lender or other Secured Party, any valuation, stay, appraisement, extension, redemption or similar laws and any and all rights or defenses it may have as a surety, now or hereafter existing, arising out of the exercise by them of any rights hereunder. If any notice of a proposed sale or other disposition of any the Collateral shall be required by law, such notice shall be deemed reasonable and proper if given at least 10 calendar days before such Sale sale or other disposition.

Appears in 1 contract

Samples: Term Loan Agreement (Dominion Midstream Partners, LP)

Direct Obligation. Neither the Administrative Agent nor any other Secured Party shall be required, subject to the DIP Orders, required to make any demand upon, or pursue or exhaust any right or remedy against, any Obligor Grantor, any other Loan Party or any other Person with respect to the payment of the Obligations or to pursue or exhaust ex- haust any right or remedy with respect to any Collateral therefor or any direct or indirect guaranty thereof. All of the rights and remedies of the Administrative Agent and any other Secured Party under any Loan Document shall be cumulative, may be exercised individually or concurrently and not exclusive of any other rights or remedies provided by any Applicable Requirement of Law. To the extent it may lawfully do so, each Obligor Grantor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Administrative Agent or any Lender or other Secured PartyLender, any valuation, stay, appraisement, extensionexten- sion, redemption or similar laws and any and all rights or defenses it may have as a surety, now or hereafter hereaf- ter existing, arising out of the exercise by them of any rights hereunder. If any notice of a proposed sale or other disposition of any Collateral shall be required by law, such notice shall be deemed reasonable and proper if given at least 10 calendar days before such Sale sale or other disposition.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Townsquare Media, Inc.)

Direct Obligation. Neither the Administrative Agent nor any other Secured Party shall be required, subject to the DIP Orders, required to make any demand upon, or pursue or exhaust any right or remedy against, any Obligor Grantor, any other Guarantor, any other Loan Party or any other Person with respect to the payment of the Secured Obligations or the Guaranteed Obligations or to pursue or exhaust any right or remedy with respect to any Collateral therefor or any direct or indirect guaranty thereof. All of the rights and remedies of the Administrative Agent and any other Secured Party under any Loan Document shall be cumulative, may be exercised individually or concurrently and not exclusive of any other rights or remedies provided by any Applicable Law. To the extent it may lawfully do so, each Obligor Grantor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Administrative Agent or any Lender or other Secured Party, any valuation, stay, appraisement, extension, redemption or similar laws and any and all rights or defenses it may have as a surety, now or hereafter existing, arising out of the exercise by them of any rights hereunder. If any notice of a proposed sale or other disposition of any Collateral shall be required by law, such notice shall be deemed reasonable and proper if given at least 10 ten (10) calendar days before such Sale sale or other disposition.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Endologix Inc /De/)

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Direct Obligation. Neither the Administrative Collateral Agent nor any other Secured Party shall be required, subject to the DIP Orders, required to make any demand upon, or pursue or exhaust any right or remedy against, any Obligor Grantor, any other Note Party or any other Person with respect to the payment of the Obligations or to pursue or exhaust any right or remedy with respect to any Pledged Collateral therefor or any direct or indirect guaranty thereof. All of the rights and remedies of the Administrative Collateral Agent and any other Secured Party under any Loan Note Document shall be cumulative, may be exercised individually or concurrently and not exclusive of any other rights or remedies provided by any Applicable Requirement of Law. To the extent it may lawfully do so, each Obligor Grantor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Administrative Collateral Agent or any Lender or other Secured Party, any valuation, stay, appraisement, extension, redemption or similar laws and any and all rights or defenses it may have as a surety, now or hereafter existing, arising out of the exercise by them of any rights hereunder. If any notice of a proposed sale or other disposition of any Pledged Collateral shall be required by law, such notice shall be deemed reasonable and proper if given at least 10 calendar days before such Sale sale or other disposition.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Deerfield Triarc Capital Corp)

Direct Obligation. Neither the Administrative Agent nor any other Secured Party shall be required, subject to the DIP Orders, required to make any demand upon, or pursue or exhaust any right or remedy against, any Obligor Grantor, any other Guarantor, any other Loan Party or any other Person with respect to the payment of the Secured Obligations or the Guaranteed Obligations or to pursue or exhaust any right or remedy with respect to any Collateral therefor or any direct or indirect guaranty thereof. thereof All of the rights and remedies of the Administrative Agent and any other Secured Party under any Loan Document shall be cumulative, may be exercised individually or concurrently and not exclusive of any other rights or remedies provided by any Applicable Law. To the extent it may lawfully do so, each Obligor Grantor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Administrative Agent or any Lender or other Secured Party, any valuation, stay, appraisement, extension, redemption or similar laws and any and all rights or defenses it may have as a surety, now or hereafter existing, arising out of the exercise by them of any rights hereunder. If any notice of a proposed sale or other disposition of any Collateral shall be required by law, such notice shall be deemed reasonable and proper if given at least 10 ten (10) calendar days before such Sale sale or other disposition.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Endologix Inc /De/)

Direct Obligation. Neither the Administrative Collateral Agent nor any other Secured Party shall be required, subject to the DIP Orders, required to make any demand upon, or pursue or exhaust any right or remedy against, any Obligor Grantor, the Issuer any other Guarantor or any other Person with respect to the payment of the Secured Obligations or to pursue or exhaust any right or remedy with respect to any Collateral therefor or any direct or indirect guaranty guarantee thereof. All of the rights and remedies of the Administrative Collateral Agent and any other Secured Party under any Loan Collateral Document shall be cumulative, may be exercised individually or concurrently and not exclusive of any other rights or remedies provided by any Applicable applicable requirement of Law. To the extent it may lawfully do so, each Obligor Grantor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Administrative Agent or Collateral Agent, any Lender or any other Secured Party, any valuation, stay, appraisement, extension, redemption or similar laws and any and all rights or defenses it may have as a surety, now or hereafter existing, arising out of the exercise by them of any rights hereunder. If any notice of a proposed sale or other disposition of any Collateral shall be required by law, such notice shall be deemed reasonable and proper if given at least 10 calendar days Business Days before such Sale sale or other disposition.

Appears in 1 contract

Samples: Second Lien Collateral Agreement (SFX Entertainment, INC)

Direct Obligation. Neither The Collateral Agent on behalf of the Administrative Agent nor any other Secured Party Parties shall not be required, subject to the DIP Orders, required to make any demand upon, or pursue or exhaust any right or remedy against, the Pledgor, any Obligor Loan Party or any other Person with respect to the payment of the Obligations or to pursue or exhaust any right or remedy with respect to any Collateral therefor or any direct or indirect guaranty thereof. All of the rights and remedies of the Administrative Collateral Agent and any other on behalf of the Secured Party Parties under any Loan Document shall be cumulative, may be exercised individually or concurrently and are not exclusive of any other rights or remedies provided by any Applicable Lawrequirements of applicable Laws. To the extent it may lawfully do so, each Obligor the Pledgor absolutely and irrevocably waives and relinquishes the benefit and advantage of, and covenants not to assert against the Administrative Collateral Agent or any Lender or other Secured Party, any valuation, stay, appraisement, extension, redemption or similar laws and any and all rights or defenses it may have as a surety, now or hereafter existing, arising out of the exercise by them of any rights hereunder. If any notice of a proposed sale or other disposition of any Collateral shall be required by law, such notice shall be deemed reasonable and proper if given at least 10 calendar ten (10) days before such Sale sale or other disposition.

Appears in 1 contract

Samples: Pledge Agreement

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