GRANTOR'S OBLIGATIONS ABSOLUTE. Each Grantor agrees that its obligations hereunder, and the security interest granted to and all rights, remedies and powers of the Secured Party hereunder, are irrevocable, absolute and unconditional and shall not be discharged, limited or otherwise affected by reason of any of the following, whether or not such Grantor has knowledge thereof: (i) any change in the time, manner or place of payment of, or in any other term of, any Obligations, or any amendment, modification or supplement to, restatement of, or consent to any rescission or waiver of or departure from, or any other Loan Document or any agreement or instrument delivered pursuant to any of the foregoing; (ii) the invalidity or unenforceability of any Obligations or any provisions of the Loan Documents or any agreement or instrument delivered pursuant to any of the foregoing; (iii) the addition or release of Grantors hereunder or the taking, acceptance or release of any Obligations or additional Collateral or other security therefor; (iv) any sale, exchange, release, substitution, compromise, non-perfection or other action or inaction in respect of any Collateral or other direct or indirect security for any Obligations, or any discharge, modification, settlement, compromise or other action or inaction in respect of any Obligations; (v) any agreement not to pursue or enforce or any failure to pursue or enforce (whether voluntarily or involuntarily as a result of operation of law, court order or otherwise) any right or remedy in respect of any Obligations or any Collateral or other security therefor, or any failure to create, protect, perfect, secure, insure, continue or maintain any liens in any such Collateral or other security; (vi) the exercise of any right or remedy available under any of the Loan Documents, at law, in equity or otherwise in respect of any Collateral or other security for any Obligations, in any order and by any manner thereby permitted, including, without limitation, foreclosure on any such Collateral or other security by any manner of sale thereby permitted, whether or not every aspect of such sale is commercially reasonable; (vii) any bankruptcy, reorganization, arrangement, liquidation, insolvency, dissolution, termination, reorganization or like change in the corporate structure or existence of the Grantors or any other person directly or indirectly liable for any Obligations; (viii) any manner of application of any payments by or amounts received or collected from any person, by whomsoever paid and howsoever realized, whether in reduction of any Obligations or any other obligations of the Grantors or any other person directly or indirectly liable for any Obligations regardless of what Obligations may remain unpaid after any such application; or (ix) any other circumstance that might otherwise constitute a legal or equitable discharge of, or a defense, set-off or counterclaim available to, the Grantors, or a surety or guarantor generally, other than the occurrence of the payment in full of the Obligations.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Emisphere Technologies Inc), Pledge and Security Agreement (Emisphere Technologies Inc), Pledge and Security Agreement (Emisphere Technologies Inc)
GRANTOR'S OBLIGATIONS ABSOLUTE. Each Grantor agrees acknowledges that its obligations hereunderLender and/or certain Affiliates of Lender are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Grantor. Except as set forth to the contrary in the Loan Documents, all sums payable by Grantor hereunder shall be paid without notice or demand, counterclaim, set-off, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the security interest granted to obligations and all rightsliabilities of Grantor hereunder shall in no way be released, remedies and powers of the Secured Party hereunder, are irrevocable, absolute and unconditional and shall not be discharged, limited or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the following, whether Property or not such Grantor has knowledge thereof:
any portion thereof or any other Cross-collateralized Property; (ib) any change in restriction or prevention of or interference with any use of the time, manner Property or place of payment of, any portion thereof or in any other term ofCross-collateralized Property; (c) any title defect or encumbrance or any eviction from the Premises or any portion thereof by title paramount or otherwise; (d) any bankruptcy proceeding relating to Grantor, any ObligationsGeneral Partner, or any amendment, modification guarantor or supplement to, restatement ofindemnitor, or consent any action taken with respect to any rescission or waiver of or departure from, this Security Instrument or any other Loan Document by any trustee or receiver of Grantor or any other Cross-collateralized Borrower or any such General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Grantor has or might have against Lender; (f) any default or failure on the part of Lender to perform or comply with any of the terms hereof or of any other agreement with Grantor or instrument delivered pursuant any other Cross-collateralized Borrower; or (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Grantor shall have notice or knowledge of any of the foregoing;
(ii) the invalidity or unenforceability of any Obligations or any provisions of the Loan Documents or any agreement or instrument delivered pursuant to any of the foregoing;
(iii) the addition or release of Grantors hereunder or the taking, acceptance or release of any Obligations or additional Collateral or other security therefor;
(iv) any sale, exchange, release, substitution, compromise, non-perfection or other action or inaction in respect of any Collateral or other direct or indirect security for any Obligations, or any discharge, modification, settlement, compromise or other action or inaction in respect of any Obligations;
(v) any agreement not to pursue or enforce or any failure to pursue or enforce (whether voluntarily or involuntarily as a result of operation of law, court order or otherwise) any right or remedy in respect of any Obligations or any Collateral or other security therefor, or any failure to create, protect, perfect, secure, insure, continue or maintain any liens in any such Collateral or other security;
(vi) the exercise of any right or remedy available under any of the Loan Documents, at law, in equity or otherwise in respect of any Collateral or other security for any Obligations, in any order and by any manner thereby permitted, including, without limitation, foreclosure on any such Collateral or other security by any manner of sale thereby permitted, whether or not every aspect of such sale is commercially reasonable;
(vii) any bankruptcy, reorganization, arrangement, liquidation, insolvency, dissolution, termination, reorganization or like change in the corporate structure or existence of the Grantors or any other person directly or indirectly liable for any Obligations;
(viii) any manner of application of any payments by or amounts received or collected from any person, by whomsoever paid and howsoever realized, whether in reduction of any Obligations or any other obligations of the Grantors or any other person directly or indirectly liable for any Obligations regardless of what Obligations may remain unpaid after any such application; or
(ix) any other circumstance that might otherwise constitute a legal or equitable discharge of, or a defense, set-off or counterclaim available to, the Grantors, or a surety or guarantor generally, other than the occurrence of the payment in full of the Obligations.
Appears in 1 contract
Samples: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (RLJ Lodging Trust)
GRANTOR'S OBLIGATIONS ABSOLUTE. Each Grantor agrees that its obligations hereunder, and the security interest granted to and all rights, remedies and powers of the Secured Party Administrative Agent hereunder, are irrevocable, absolute and unconditional and shall not be discharged, limited or otherwise affected by reason of any of the following, whether or not such Grantor has knowledge thereof:
(iA) any change in the time, manner or place of payment of, or in any other term of, any Secured Obligations, or any amendment, modification or supplement to, restatement of, or consent to any rescission or waiver of or departure from, or any provisions of the Credit Agreement (including Article II thereof), any other Loan Document Document, any Secured Hedge, any Secured Bank Product or any agreement or instrument delivered pursuant to any of the foregoing;
(iiB) the invalidity or unenforceability of any Secured Obligations or any provisions of the Credit Agreement (including Article II thereof), any other Loan Documents Document, any Secured Hedge, any Secured Bank Product or any agreement or instrument delivered pursuant to any of the foregoing;
(iiiC) the addition or release of the Grantors hereunder or the taking, acceptance or release of any Secured Obligations or additional Collateral or other security therefor;
(ivD) any sale, exchange, release, substitution, compromise, non-perfection nonperfection or other action or inaction in with respect of to any Collateral or other direct or indirect security for any Secured Obligations, or any discharge, modification, settlement, compromise or other action or inaction in with respect of to any Secured Obligations;
(vE) any agreement not to pursue or enforce or any failure to pursue or enforce (whether voluntarily or involuntarily as a result of operation of law, court order or otherwiseLaw) any right or remedy in with respect of to any Secured Obligations or any Collateral or other security therefor, or any failure to create, protect, perfect, secure, insure, continue or maintain any liens Liens in any such Collateral or other security;
(viF) the exercise of any right or remedy available under any of the Loan Documents, at law, in equity or otherwise in with respect of to any Collateral or other security for any Secured Obligations, in any order and by any manner thereby permitted, including, without limitation, including foreclosure on any such Collateral or other security by any manner of sale thereby permitted, whether or not every aspect of such sale is commercially reasonable;
(viiG) any bankruptcy, reorganization, arrangement, liquidation, insolvency, dissolution, termination, reorganization or like change in the corporate structure or existence of the Grantors any Grantor or any other person Person directly or indirectly liable for any Secured Obligations;
(viiiH) any manner of application of any payments by or amounts received or collected from any personPerson, by whomsoever paid and howsoever realized, whether in reduction of any Secured Obligations or any other obligations of the Grantors or any other person Person directly or indirectly liable for any Obligations Secured Obligations, regardless of what Secured Obligations may remain unpaid after any such application; or
(ixI) any other circumstance that might otherwise constitute a legal or equitable discharge of, or a defense, set-off or counterclaim available to, the Grantors, Grantor or a surety or guarantor generally, other than the occurrence of the payment in full of the ObligationsTermination Requirements.
Appears in 1 contract
GRANTOR'S OBLIGATIONS ABSOLUTE. Each Grantor agrees that that, to the fullest extent possible in accordance with applicable Law, its obligations hereunder, and the security interest granted to and all rights, remedies and powers of the Secured Party Administrative Agent hereunder, are irrevocable, absolute and unconditional and shall not be discharged, limited or otherwise affected by reason of any of the following, whether or not such Grantor has knowledge thereof:
(iA) any change in the time, manner or place of payment of, or in any other term of, any Secured Obligations, or any amendment, modification or supplement to, restatement of, or consent to any rescission or waiver of or departure from, or any provisions of the Credit Agreement (including Article II thereof), any other Loan Document Document, any Secured Hedge, any Secured Bank Product or any agreement or instrument delivered pursuant to any of the foregoing;
(iiB) the invalidity or unenforceability of any Secured Obligations or any provisions of the Credit Agreement (including Article II thereof), any other Loan Documents Document, any Secured Hedge, any Secured Bank Product or any agreement or instrument delivered pursuant to any of the foregoing;
(iiiC) the addition or release of the Grantors hereunder or the taking, acceptance or release of any Secured Obligations or additional Collateral or other security therefor;
(ivD) any sale, exchange, release, substitution, compromise, non-perfection nonperfection or other action or inaction in with respect of to any Collateral or other direct or indirect security for any Secured Obligations, or any discharge, modification, settlement, compromise or other action or inaction in with respect of to any Secured Obligations;
(vE) any agreement not to pursue or enforce or any failure to pursue or enforce (whether voluntarily or involuntarily as a result of operation of law, court order or otherwiseapplicable Law) any right or remedy in with respect of to any Secured Obligations or any Collateral or other security therefor, or any failure to create, protect, perfect, secure, insure, continue or maintain any liens Liens in any such Collateral or other security;
(viF) the exercise of any right or remedy available under any of the Loan Documents, at law, in equity or otherwise in with respect of to any Collateral or other security for any Secured Obligations, in any order and by any manner thereby permitted, including, without limitation, including foreclosure on any such Collateral or other security by any manner of sale thereby permitted, whether or not every aspect of such sale is commercially reasonable;
(viiG) any bankruptcy, reorganization, arrangement, liquidation, insolvency, dissolution, termination, reorganization or like change in the corporate structure or existence of the Grantors any Grantor or any other person Person directly or indirectly liable for any Secured Obligations;
(viiiH) any manner of application of any payments by or amounts received or collected from any personPerson, by whomsoever paid and howsoever realized, whether in reduction of any Secured Obligations or any other obligations of the Grantors or any other person Person directly or indirectly liable for any Obligations Secured Obligations, regardless of what Secured Obligations may remain unpaid after any such application; or
(ixI) any other circumstance that might otherwise constitute a legal or equitable discharge of, or a defense, set-off or counterclaim available to, the Grantors, any Grantor or a any surety or guarantor generally, other than the occurrence of the payment in full of the ObligationsPayment In Full.
Appears in 1 contract
Samples: Pledge and Security Agreement (Nuvera Communications, Inc.)
GRANTOR'S OBLIGATIONS ABSOLUTE. Each Grantor agrees (a) The obligations of the Grantors under this Agreement shall be direct and immediate and not be conditional or contingent upon the pursuit of any other remedies against the Grantors, or any of them, or any other Person, nor against other security or Liens available to any Secured Party or its or their respective successors, assigns or the Administrative Agent. The Grantors waive any right to require that its obligations hereunder, and an action be brought against any other Person or to require that any Secured Party resort to any security or to any balance of any deposit account or credit on the security interest granted books of any Lender in favor of any other Person or to and all rights, require resort to rights or remedies and powers hereunder prior to the exercise of any other rights or remedies of the Secured Party hereunderParties in connection with the Loans and Letters of Credit.
(b) The obligations of the Grantors hereunder shall remain in full force and effect without regard to, are irrevocable, absolute and unconditional and shall not be dischargedimpaired by: (i) any bankruptcy, limited insolvency, reorganization, arrangements, readjustment, composition, liquidation or otherwise affected the like of any Grantor or any issuer of the Collateral; (ii) any exercise or non-exercise or any waiver by reason the Secured Parties of any rights, remedy, power or privilege under or in respect of the Secured Obligations, this Agreement, the Credit Agreement, or any other document executed in connection therewith, or any security for any of the Secured Obligations (other than this Agreement); or (iii) any amendment to or modification of the Secured Obligations, this Agreement, the Credit Agreement or any other document executed in connection therewith or any security for any of the Secured Obligations (other than this Agreement), whether or not the Grantors shall have notice or knowledge of any of the followingforegoing, whether or not such Grantor has knowledge thereof:
(i) any change in but nothing contained herein shall be deemed to authorize the time, manner or place of payment of, or in any other term of, any Obligations, or any amendment, modification or supplement to, restatement of, or consent to any rescission or waiver of or departure from, or any other Loan Document or any agreement or instrument delivered pursuant to any of the foregoing;
(ii) the invalidity or unenforceability amendment of any Obligations or such documents to which any provisions of the Loan Documents or any agreement or instrument delivered pursuant to any of the foregoing;
(iii) the addition or release of Grantors hereunder or the taking, acceptance or release of any Obligations or additional Collateral or other security therefor;
(iv) any sale, exchange, release, substitution, compromise, non-perfection or other action or inaction in respect of any Collateral or other direct or indirect security for any Obligations, or any discharge, modification, settlement, compromise or other action or inaction in respect of any Obligations;
(v) any agreement not to pursue or enforce or any failure to pursue or enforce (whether voluntarily or involuntarily as Grantor is a result of operation of law, court order or otherwise) any right or remedy in respect of any Obligations or any Collateral or other security therefor, or any failure to create, protect, perfect, secure, insure, continue or maintain any liens in any party without such Collateral or other security;
(vi) the exercise of any right or remedy available under any of the Loan Documents, at law, in equity or otherwise in respect of any Collateral or other security for any Obligations, in any order and by any manner thereby permitted, including, without limitation, foreclosure on any such Collateral or other security by any manner of sale thereby permitted, whether or not every aspect of such sale is commercially reasonable;
(vii) any bankruptcy, reorganization, arrangement, liquidation, insolvency, dissolution, termination, reorganization or like change in the corporate structure or existence of the Grantors or any other person directly or indirectly liable for any Obligations;
(viii) any manner of application of any payments by or amounts received or collected from any person, by whomsoever paid and howsoever realized, whether in reduction of any Obligations or any other obligations of the Grantors or any other person directly or indirectly liable for any Obligations regardless of what Obligations may remain unpaid after any such application; or
(ix) any other circumstance that might otherwise constitute a legal or equitable discharge of, or a defense, set-off or counterclaim available to, the Grantors, or a surety or guarantor generally, other than the occurrence of the payment in full of the ObligationsGrantor’s written agreement.
Appears in 1 contract
Samples: Pledge and Security Agreement (NetSpend Holdings, Inc.)
GRANTOR'S OBLIGATIONS ABSOLUTE. Each Grantor agrees that its obligations hereunder, and the security interest granted to and all rights, remedies and powers of the Secured Party CoBank hereunder, are irrevocable, absolute and unconditional and shall not be discharged, limited or otherwise affected by reason of any of the following, whether or not such Grantor has knowledge thereof:
(iA) any change in the time, manner or place of payment of, or in any other term of, any Secured Obligations, or any amendment, modification or supplement to, restatement of, or consent to any rescission or waiver of or departure from, or any provisions of the Loan Agreement, any other Loan Document or any agreement or instrument delivered pursuant to any of the foregoing;
(iiB) the invalidity or unenforceability of any Secured Obligations or any provisions of the Loan Documents Agreement, any other Loan Document or any agreement or instrument delivered pursuant to any of the foregoing;
(iiiC) the addition or release of the Grantors hereunder or the taking, acceptance or release of any Secured Obligations or additional Collateral or other security therefor;
(ivD) any sale, exchange, release, substitution, compromise, non-perfection nonperfection or other action or inaction in with respect of to any Collateral or other direct or indirect security for any Secured Obligations, or any discharge, modification, settlement, compromise or other action or inaction in with respect of to any Secured Obligations;
(vE) any agreement not to pursue or enforce or any failure to pursue or enforce (whether voluntarily or involuntarily as a result of operation of law, court order or otherwiseLaw) any right or remedy in with respect of to any Secured Obligations or any Collateral or other security therefor, or any failure to create, protect, perfect, secure, insure, continue or maintain any liens Liens in any such Collateral or other security;
(viF) the exercise of any right or remedy available under any of the Loan Documents, at law, in equity or otherwise in with respect of to any Collateral or other security for any Secured Obligations, in any order and by any manner thereby permitted, including, without limitation, including foreclosure on any such Collateral or other security by any manner of sale thereby permitted, whether or not every aspect of such sale is commercially reasonable;
(viiG) any bankruptcy, reorganization, arrangement, liquidation, insolvency, dissolution, termination, reorganization or like change in the corporate structure or existence of the Grantors any Grantor or any other person Person directly or indirectly liable for any Secured Obligations;
(viiiH) any manner of application of any payments by or amounts received or collected from any person, by whomsoever paid and howsoever realized, whether in reduction of any Secured Obligations or any other obligations of the Grantors or any other person Person directly or indirectly liable for any Obligations Secured Obligations, regardless of what Secured Obligations may remain unpaid after any such application; or
(ixI) any other circumstance that might otherwise constitute a legal or equitable discharge of, or a defense, set-off or counterclaim available to, the Grantors, any Grantor or a surety or guarantor generally, other than the occurrence of the payment in full of the ObligationsTermination Requirements.
Appears in 1 contract
Samples: Pledge and Security Agreement (Nuvera Communications, Inc.)
GRANTOR'S OBLIGATIONS ABSOLUTE. Each Grantor agrees acknowledges that its obligations hereunderBeneficiary and/or certain Affiliates of Beneficiary are engaged in the business of financing, owning, operating, leasing, managing, and brokering real estate and in other business ventures which may be viewed as adverse to or competitive with the business, prospect, profits, operations or condition (financial or otherwise) of Grantor. Except as set forth to the contrary in the Loan Documents, all sums payable by Grantor hereunder shall be paid without notice or demand, counterclaim, setoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction, and the security interest granted to obligations and all rightsliabilities of Grantor hereunder shall in no way be released, remedies and powers of the Secured Party hereunder, are irrevocable, absolute and unconditional and shall not be discharged, limited or otherwise affected (except as expressly provided herein) by reason of: (a) any damage to or destruction of or any Taking of the following, whether Trust Property or not such Grantor has knowledge thereof:any portion thereof or any other Cross-collateralized Property; (b) any restriction or prevention of or interference with any use of the Trust Property or any portion thereof or any other Cross-collateralized Property;
(ic) any change in title defect or encumbrance or any eviction from the time, manner Premises or place of payment of, any portion thereof by title paramount or in otherwise; (d) any other term ofbankruptcy 137 proceeding relating to Grantor, any ObligationsGeneral Partner, or any amendment, modification guarantor or supplement to, restatement ofindemnitor, or consent any action taken with respect to any rescission or waiver this Deed of or departure from, Trust or any other Loan Document by any trustee or receiver of Grantor or any other Cross-collateralized Borrower or any General Partner, guarantor or indemnitor, or by any court, in any such proceeding; (e) any claim which Grantor or any other Cross-collateralized Borrower has or might have against Beneficiary; (f) any default or failure on the part of Beneficiary or any other Cross-collateralized Borrower to perform or comply with any of the terms hereof or of any other agreement with Grantor; or instrument delivered pursuant (g) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether or not Grantor shall have notice or knowledge of any of the foregoing;
(ii) the invalidity or unenforceability of any Obligations or any provisions of the Loan Documents or any agreement or instrument delivered pursuant to any of the foregoing;
(iii) the addition or release of Grantors hereunder or the taking, acceptance or release of any Obligations or additional Collateral or other security therefor;
(iv) any sale, exchange, release, substitution, compromise, non-perfection or other action or inaction in respect of any Collateral or other direct or indirect security for any Obligations, or any discharge, modification, settlement, compromise or other action or inaction in respect of any Obligations;
(v) any agreement not to pursue or enforce or any failure to pursue or enforce (whether voluntarily or involuntarily as a result of operation of law, court order or otherwise) any right or remedy in respect of any Obligations or any Collateral or other security therefor, or any failure to create, protect, perfect, secure, insure, continue or maintain any liens in any such Collateral or other security;
(vi) the exercise of any right or remedy available under any of the Loan Documents, at law, in equity or otherwise in respect of any Collateral or other security for any Obligations, in any order and by any manner thereby permitted, including, without limitation, foreclosure on any such Collateral or other security by any manner of sale thereby permitted, whether or not every aspect of such sale is commercially reasonable;
(vii) any bankruptcy, reorganization, arrangement, liquidation, insolvency, dissolution, termination, reorganization or like change in the corporate structure or existence of the Grantors or any other person directly or indirectly liable for any Obligations;
(viii) any manner of application of any payments by or amounts received or collected from any person, by whomsoever paid and howsoever realized, whether in reduction of any Obligations or any other obligations of the Grantors or any other person directly or indirectly liable for any Obligations regardless of what Obligations may remain unpaid after any such application; or
(ix) any other circumstance that might otherwise constitute a legal or equitable discharge of, or a defense, set-off or counterclaim available to, the Grantors, or a surety or guarantor generally, other than the occurrence of the payment in full of the Obligations.
Appears in 1 contract
Samples: Deed of Trust, Security Agreement, Assignment of Rents and Fixture Filing (Prime Retail Inc)
GRANTOR'S OBLIGATIONS ABSOLUTE. Each Grantor agrees that its obligations hereunder, and the security interest granted to and all rights, remedies and powers of the Secured Party CoBank hereunder, are irrevocable, absolute and unconditional and shall not be discharged, limited or otherwise affected by reason of any of the following, whether or not such Grantor has knowledge thereof:
(iA) any change in the time, manner or place of payment of, or in any other term of, any Secured Obligations, or any amendment, modification or supplement to, restatement of, or consent to any rescission or waiver of or departure from, or any provisions of the Loan Agreement, any other Loan Document or any agreement or instrument delivered pursuant to any of the foregoing;
(iiB) the invalidity or unenforceability of any Secured Obligations or any provisions of the Loan Documents Agreement, any other Loan Document or any agreement or instrument delivered pursuant to any of the foregoing;
(iiiC) the addition or release of the Grantors hereunder or the taking, acceptance or release of any Secured Obligations or additional Collateral or other security therefor;; Amended and Restated Pledge and Security Agreement/New Ulm Telecom, Inc. Loan No. RX0583
(ivD) any sale, exchange, release, substitution, compromise, non-perfection nonperfection or other action or inaction in with respect of to any Collateral or other direct or indirect security for any Secured Obligations, or any discharge, modification, settlement, compromise or other action or inaction in with respect of to any Secured Obligations;
(vE) any agreement not to pursue or enforce or any failure to pursue or enforce (whether voluntarily or involuntarily as a result of operation of law, court order or otherwiseLaw) any right or remedy in with respect of to any Secured Obligations or any Collateral or other security therefor, or any failure to create, protect, perfect, secure, insure, continue or maintain any liens Liens in any such Collateral or other security;
(viF) the exercise of any right or remedy available under any of the Loan Documents, at law, in equity or otherwise in with respect of to any Collateral or other security for any Secured Obligations, in any order and by any manner thereby permitted, including, without limitation, including foreclosure on any such Collateral or other security by any manner of sale thereby permitted, whether or not every aspect of such sale is commercially reasonable;
(viiG) any bankruptcy, reorganization, arrangement, liquidation, insolvency, dissolution, termination, reorganization or like change in the corporate structure or existence of the Grantors any Grantor or any other person Person directly or indirectly liable for any Secured Obligations;
(viiiH) any manner of application of any payments by or amounts received or collected from any person, by whomsoever paid and howsoever realized, whether in reduction of any Secured Obligations or any other obligations of the Grantors or any other person Person directly or indirectly liable for any Obligations Secured Obligations, regardless of what Secured Obligations may remain unpaid after any such application; or
(ixI) any other circumstance that might otherwise constitute a legal or equitable discharge of, or a defense, set-off or counterclaim available to, the Grantors, Pledgor or a surety or guarantor generally, other than the occurrence of the payment in full of the ObligationsTermination Requirements.
Appears in 1 contract
Samples: Pledge and Security Agreement (New Ulm Telecom Inc)
GRANTOR'S OBLIGATIONS ABSOLUTE. Each Grantor agrees that that, to the fullest extent possible in accordance with applicable Law, its obligations hereunder, and the security interest granted to and all rights, remedies and powers of the Secured Party Administrative Agent hereunder, are irrevocable, absolute and unconditional and shall not be discharged, limited or otherwise affected by reason of any of the following, whether or not such Grantor has knowledge thereof:
(iA) any change in the time, manner or place of payment of, or in any other term of, any Secured Obligations, or any amendment, modification or supplement to, restatement of, or consent to any rescission or waiver of or departure from, or any provisions of the Amended and Restated Credit Agreement (including Article II thereof), any other Loan Document Document, any Secured Hedge, any Secured Bank Product or any agreement or instrument delivered pursuant to any of the foregoing;
(iiB) the invalidity or unenforceability of any Secured Obligations or any provisions of the Amended and Restated Credit Agreement (including Article II thereof), any other Loan Documents Document, any Secured Hedge, any Secured Bank Product or any agreement or instrument delivered pursuant to any of the foregoing;
(iiiC) the addition or release of the Grantors hereunder or the taking, acceptance or release of any Secured Obligations or additional Collateral or other security therefor;
(ivD) any sale, exchange, release, substitution, compromise, non-perfection nonperfection or other action or inaction in with respect of to any Collateral or other direct or indirect security for any Secured Obligations, or any discharge, modification, settlement, compromise or other action or inaction in with respect of to any Secured Obligations;
(vE) any agreement not to pursue or enforce or any failure to pursue or enforce (whether voluntarily or involuntarily as a result of operation of law, court order or otherwiseapplicable Law) any right or remedy in with respect of to any Secured Obligations or any Collateral or other security therefor, or any failure to create, protect, perfect, secure, insure, continue or maintain any liens Liens in any such Collateral or other security;
(viF) the exercise of any right or remedy available under any of the Loan Documents, at law, in equity or otherwise in with respect of to any Collateral or other security for any Secured Obligations, in any order and by any manner thereby permitted, including, without limitation, including foreclosure on any such Collateral or other security by any manner of sale thereby permitted, whether or not every aspect of such sale is commercially reasonable;
(viiG) any bankruptcy, reorganization, arrangement, liquidation, insolvency, dissolution, termination, reorganization or like change in the corporate structure or existence of the Grantors any Grantor or any other person Person directly or indirectly liable for any Secured Obligations;
(viiiH) any manner of application of any payments by or amounts received or collected from any personPerson, by whomsoever paid and howsoever realized, whether in reduction of any Secured Obligations or any other obligations of the Grantors or any other person Person directly or indirectly liable for any Obligations Secured Obligations, regardless of what Secured Obligations may remain unpaid after any such application; or
(ixI) any other circumstance that might otherwise constitute a legal or equitable discharge of, or a defense, set-off or counterclaim available to, the Grantors, any Grantor or a any surety or guarantor generally, other than the occurrence of the payment in full of the Obligations.Payment In Full. 36
Appears in 1 contract
Samples: Pledge and Security Agreement (Nuvera Communications, Inc.)