Guarantors Consent. The Guarantors consent and agree to each and every of the following acts, events, and/or conditions, none of which shall in any manner release, discharge, diminish, impair or affect the obligations or liabilities of the Guarantors hereunder: (a) the whole or any part of the security now or hereafter held for the Note may be exchanged, compromised, surrendered, substituted or released from time to time; (b) the time or place of payment of the Note or any other Obligation may be exchanged or extended, in whole or in part, to a time certain or otherwise, and may be extended or renewed for one or more periods (whether or not longer than the original period), amended, or accelerated, in whole or in part; (c) the Borrower may be extended further loans and be granted indulgences generally; (d) any of the provisions of the Note or of any of the Security Instruments may be modified or waived; (e) any party liable for the payment of the Note may be granted indulgences or released; (f) neither the death, insolvency, bankruptcy, dissolution, nor disability of the Borrower, any of the Guarantors, or any other guarantor shall affect the obligations hereunder of the Guarantors; (g) no claim need be asserted against the personal representative, guardian, trustee in bankruptcy or receiver of any deceased, incompetent, bankrupt or insolvent Borrower, any of the Guarantors or any other guarantor; (h) any deposit balance to the credit of the Borrower, any of the Guarantors or any other party liable for payment of the Note or liable upon any security therefor may be released from time to time in whole or in part, at, before, or after the stated, extended or accelerated maturity date of the Note. The undersigned Guarantors shall remain bound hereunder, notwithstanding any such exchange, compromise, surrender, substitution, extension, renewal, acceleration, modification, waiver, indulgence, release or other action regarding the Note or the Security Instruments, all of which may be effected without notice to or further consent or agreement by any of the Guarantors. The consent of any of the Guarantors to any of the foregoing actions in one or more instances shall not establish a requirement for the consent of any Guarantor to any subsequent action or actions.
Appears in 2 contracts
Samples: Loan Agreement (Robcor Properties Inc), Loan Agreement (Robcor Properties Inc)
Guarantors Consent. The Guarantors Guarantor hereby consents to all terms and conditions of agreements heretofore or hereafter made between the Agent, the Lenders (or any of them) and the Borrower (including without limitation the Credit Agreement and other Loan Documents) and further consents that the Agent or any Lender may without further consent or disclosure and agree to each and every of the following acts, events, and/or conditions, none of which shall in any manner release, discharge, diminish, impair without affecting or affect releasing the obligations or liabilities of the Guarantors Guarantor hereunder: (a) the whole or any part of the security now or hereafter held for the Note may be exchangedsurrender, compromisedexchange, surrenderedrelease, substituted or released from time to time; (b) the time or place of payment of the Note or any other Obligation may be exchanged or extended, in whole or in part, to a time certain or otherwise, and may be extended or renewed for one or more periods (whether or not longer than the original period), amendedassign, or acceleratedsell any collateral or waive, release, assign, sell, or subordinate any security interest, in whole or in part; (b) waive or delay the exercise of any rights or remedies of the Agent or any Lender against the Borrower; (c) waive or delay the Borrower may be extended further loans exercise of any rights or remedies of the Agent or any Lender against any surety or guarantor (including, without limitation, rights or remedies of the Agent and be granted indulgences generallythe Lenders against the Guarantor under this Guaranty); (d) waive or delay the exercise of any rights or remedies of the provisions of Agent or the Note or Lenders in respect of any of the Security Instruments may be modified collateral or waivedsecurity interest now or hereafter held; (e) release any party liable for the payment of the Note may be granted indulgences surety or releasedguarantor; (f) neither renew, extend, waive or modify the death, insolvency, bankruptcy, dissolution, nor disability terms of any Obligation or the Borrower, obligations of any of the Guarantorssurety or guarantor, or any other guarantor shall affect instrument or agreement evidencing the obligations hereunder of the Guarantorssame; (g) no claim need be asserted against renew, extend, waive or modify the personal representative, guardian, trustee in bankruptcy or receiver terms of any deceaseddeed of trust, incompetentmortgage, bankrupt pledge, assignment, security agreement or insolvent Borrower, any of the Guarantors or any other guarantor; security document (h) apply payments received from Borrower or from any deposit balance collateral, to any indebtedness, liability, or obligations of Borrower whether or not an Obligation hereunder; (i) apply payments received from any surety or guarantor (including Guarantor) or from any collateral pledged by such surety or guarantor, to any indebtedness, liability, or obligation of such surety or guarantor whether or not related to the credit of the Borrower, any of the Guarantors or any other party liable for payment of the Note or liable upon Obligations; and (j) realize on any security therefor may be released from time to time in whole interest, judicially or in partnonjudicially, at, before, with or after the stated, extended or accelerated maturity date without preservation of the Note. The undersigned Guarantors shall remain bound hereunder, notwithstanding any such exchange, compromise, surrender, substitution, extension, renewal, acceleration, modification, waiver, indulgence, release or other action regarding the Note or the Security Instruments, all of which may be effected without notice to or further consent or agreement by any of the Guarantors. The consent of any of the Guarantors to any of the foregoing actions in one or more instances shall not establish a requirement for the consent of any Guarantor to any subsequent action or actionsdeficiency judgment.
Appears in 1 contract
Samples: Guaranty Agreement
Guarantors Consent. The Guarantors Guarantor hereby consents to all terms and conditions of agreements heretofore or hereafter made between Clearwire and [HOLDCO/NEWCO] and further consents that Clearwire may without further consent or disclosure and agree to each and every of the following acts, events, and/or conditions, none of which shall in any manner release, discharge, diminish, impair without affecting or affect releasing the obligations or liabilities of the Guarantors Guarantor hereunder: (a) the whole or any part of the security now or hereafter held for the Note may be exchangedsurrender, compromisedexchange, surrenderedrelease, substituted or released from time to time; (b) the time or place of payment of the Note or any other Obligation may be exchanged or extended, in whole or in part, to a time certain or otherwise, and may be extended or renewed for one or more periods (whether or not longer than the original period), amendedassign, or acceleratedsell any collateral or waive, release, assign, sell, or subordinate any security interest, in whole or in part; (b) waive or delay the exercise of any rights or remedies of Clearwire against [HOLDCO/NEWCO]; (c) waive or delay the Borrower may be extended further loans and be granted indulgences generallyexercise of any rights or remedies of Clearwire against any surety or guarantor (including, without limitation, rights or remedies of Clearwire against Guarantor under this Guaranty); (d) any of waive or delay the provisions of the Note or exercise of any rights or remedies of the Security Instruments may be modified Clearwire in respect of any collateral or waivedsecurity interest now or hereafter held; (e) release any party liable for the payment of the Note may be granted indulgences surety or releasedguarantor; (f) neither renew, extend, waive or modify the death, insolvency, bankruptcy, dissolution, nor disability terms of any Obligation or the Borrower, obligations of any of the Guarantorssurety or guarantor, or any other guarantor shall affect instrument or agreement evidencing the obligations hereunder of the Guarantorssame; (g) no claim need be asserted against renew, extend, waive or modify the personal representative, guardian, trustee in bankruptcy or receiver terms of any deceaseddeed of trust, incompetentmortgage, bankrupt pledge, assignment, security agreement or insolvent Borrower, any of the Guarantors or any other guarantorsecurity document; (h) apply payments received from [HOLDCO/NEWCO] or any deposit balance surety or guarantor (including Guarantor) or from any collateral, to any Obligation hereunder; and (i) realize on any security interest, judicially or nonjudicially, with or without preservation of a deficiency judgment. In the event any deed of trust securing the Obligations is foreclosed judicially or nonjudicially, Guarantor's liability under this Guaranty shall be that portion of the Obligations representing a deficiency resulting from a judicial or nonjudicial sale, i.e., the difference between the amount due and owing on the Obligations on the day of the foreclosure sale (including without limitation principal, accrued interest, attorneys' fees, late payments, if any, and costs of foreclosure) and the amount of the successful bid at any such judicial or nonjudicial foreclosure sale. Guarantor hereby waives the right to object to the credit of the Borrower, any of the Guarantors amount which may be bid by Clearwire or any other party liable for payment of the Note or liable upon any security therefor may be released from time to time in whole or in part, at, before, or after the stated, extended or accelerated maturity date of the Note. The undersigned Guarantors shall remain bound hereunder, notwithstanding any person at such exchange, compromise, surrender, substitution, extension, renewal, acceleration, modification, waiver, indulgence, release or other action regarding the Note or the Security Instruments, all of which may be effected without notice to or further consent or agreement by any of the Guarantors. The consent of any of the Guarantors to any of the foregoing actions in one or more instances shall not establish a requirement for the consent of any Guarantor to any subsequent action or actionsforeclosure sale.
Appears in 1 contract
Samples: Guaranty Agreement (Clearwire Corp)
Guarantors Consent. The Guarantors Guarantor hereby consents to all terms and conditions of agreements heretofore or hereafter made between the Lenders and the Agent (or any of them) and the Borrower (including without limitation the Loan Agreement and the other Loan Documents) and further consents that the Lenders and the Agent (or any of them) may without further consent or disclosure and agree to each and every of the following acts, events, and/or conditions, none of which shall in any manner release, discharge, diminish, impair without affecting or affect releasing the obligations or liabilities of the Guarantors Guarantor hereunder: (a) the whole or any part of the security now or hereafter held for the Note may be exchangedsurrender, compromisedexchange, surrenderedrelease, substituted or released from time to time; (b) the time or place of payment of the Note or any other Obligation may be exchanged or extended, in whole or in part, to a time certain or otherwise, and may be extended or renewed for one or more periods (whether or not longer than the original period), amendedassign, or acceleratedsell any collateral or waive, release, assign, sell, or subordinate any security interest, in whole or in part; (b) waive or delay the exercise of any rights or remedies of the Lenders and the Agent (or any of them) against the Borrower; (c) waive or delay the Borrower may be extended further loans exercise of any rights or remedies of the Lenders and be granted indulgences generallythe Agent (or any of them) against any surety or guarantor (including, without limitation, rights or remedies of the Lenders and the Agent (or any of them) against Guarantor under this Guaranty); (d) waive or delay the exercise of any rights or remedies of the Lenders and the Agent (or any of the provisions of the Note or them) in respect of any of the Security Instruments may be modified collateral or waivedsecurity interest now or hereafter held; (e) release any party liable for the payment of the Note may be granted indulgences surety or releasedguarantor; (f) neither renew, extend, waive or modify the death, insolvency, bankruptcy, dissolution, nor disability terms of any Guaranteed Obligation or the Borrower, obligations of any of the Guarantorssurety or guarantor, or any other guarantor shall affect instrument or agreement evidencing the obligations hereunder of the Guarantorssame; (g) no claim need be asserted against renew, extend, waive or modify the personal representative, guardian, trustee in bankruptcy or receiver terms of any deceased, incompetent, bankrupt or insolvent Borrower, any of the Guarantors Loan Document or any other guarantorsecurity agreement, pledge, assignment, deed of trust, mortgage or other security document; (h) apply payments received from the Borrower or any deposit balance surety or guarantor or from any collateral, to the credit any indebtedness, liability, or obligations of the Borrower, any of the Guarantors Borrower or any other party liable for payment of the Note such sureties or liable upon guarantors whether or not a Guaranteed Obligation hereunder; and (i) realize on any security therefor may be released from time to time in whole interest, judicially or in partnonjudicially, at, before, with or after the stated, extended or accelerated maturity date without preservation of the Note. The undersigned Guarantors shall remain bound hereunder, notwithstanding any such exchange, compromise, surrender, substitution, extension, renewal, acceleration, modification, waiver, indulgence, release or other action regarding the Note or the Security Instruments, all of which may be effected without notice to or further consent or agreement by any of the Guarantors. The consent of any of the Guarantors to any of the foregoing actions in one or more instances shall not establish a requirement for the consent of any Guarantor to any subsequent action or actionsdeficiency judgment.
Appears in 1 contract
Samples: Elandia International Inc.
Guarantors Consent. The Guarantors Each Guarantor hereby consents to all terms and conditions of agreements heretofore or hereafter made between the Lenders and the Agent (or any of them) and the Borrower (including without limitation the Loan Agreement and the other Loan Documents) and further consents that the Lenders and the Agent (or any of them) may without further consent or disclosure and agree to each and every of the following acts, events, and/or conditions, none of which shall in any manner release, discharge, diminish, impair without affecting or affect releasing the obligations or liabilities of the Guarantors any Guarantor hereunder: (a) the whole or any part of the security now or hereafter held for the Note may be exchangedsurrender, compromisedexchange, surrenderedrelease, substituted or released from time to time; (b) the time or place of payment of the Note or any other Obligation may be exchanged or extended, in whole or in part, to a time certain or otherwise, and may be extended or renewed for one or more periods (whether or not longer than the original period), amendedassign, or acceleratedsell any collateral or waive, release, assign, sell, or subordinate any security interest, in whole or in part; (b) waive or delay the exercise of any rights or remedies of the Lenders and the Agent (or any of them) against the Borrower; (c) waive or delay the Borrower may be extended further loans exercise of any rights or remedies of the Lender against any surety or guarantor (including, without limitation, rights or remedies of the Lenders and be granted indulgences generallythe Agent (or any of them) against any Guarantor under this Guaranty); (d) waive or delay the exercise of any rights or remedies of the Lenders and the Agent (or any of the provisions of the Note or them) in respect of any of the Security Instruments may be modified collateral or waivedsecurity interest now or hereafter held; (e) release any party liable for the payment of the Note may be granted indulgences surety or releasedguarantor; (f) neither renew, extend, waive or modify the death, insolvency, bankruptcy, dissolution, nor disability terms of any Guaranteed Obligation or the Borrower, obligations of any of the Guarantorssurety or guarantor, or any other guarantor shall affect instrument or agreement evidencing the obligations hereunder of the Guarantorssame; (g) no claim need be asserted against renew, extend, waive or modify the personal representative, guardian, trustee in bankruptcy or receiver terms of any deceased, incompetent, bankrupt or insolvent Borrower, any of the Guarantors Loan Document or any other guarantorsecurity agreement, pledge, assignment, deed of trust, mortgage or other security document; (h) apply payments received from the Borrower or any deposit balance surety or guarantor or from any collateral, to the credit any indebtedness, liability, or obligations of the Borrower, any of the Guarantors Borrower or any other party liable for payment of the Note such sureties or liable upon guarantors whether or not a Guaranteed Obligation hereunder; and (i) realize on any security therefor may be released from time to time in whole interest, judicially or in partnonjudicially, at, before, with or after the stated, extended or accelerated maturity date without preservation of the Note. The undersigned Guarantors shall remain bound hereunder, notwithstanding any such exchange, compromise, surrender, substitution, extension, renewal, acceleration, modification, waiver, indulgence, release or other action regarding the Note or the Security Instruments, all of which may be effected without notice to or further consent or agreement by any of the Guarantors. The consent of any of the Guarantors to any of the foregoing actions in one or more instances shall not establish a requirement for the consent of any Guarantor to any subsequent action or actionsdeficiency judgment.
Appears in 1 contract
Samples: Elandia, Inc.
Guarantors Consent. The Guarantors Guarantor hereby consents to all terms and conditions of agreements heretofore or hereafter made between the Lender and the Borrower (including without limitation the Loan Agreement and the other Loan Documents) and further consents that the Lender may without further consent or disclosure and agree to each and every of the following acts, events, and/or conditions, none of which shall in any manner release, discharge, diminish, impair without affecting or affect releasing the obligations or liabilities of the Guarantors Guarantor hereunder: (a) the whole or any part of the security now or hereafter held for the Note may be exchangedsurrender, compromisedexchange, surrenderedrelease, substituted or released from time to time; (b) the time or place of payment of the Note or any other Obligation may be exchanged or extended, in whole or in part, to a time certain or otherwise, and may be extended or renewed for one or more periods (whether or not longer than the original period), amendedassign, or acceleratedsell any collateral or waive, release, assign, sell, or subordinate any security interest, in whole or in part; (b) waive or delay the exercise of any rights or remedies of the Lender against the Borrower; (c) waive or delay the Borrower may be extended further loans and be granted indulgences generallyexercise of any rights or remedies of the Lender against any surety or guarantor (including, without limitation, rights or remedies of the Lender against Guarantor under this Guaranty); (d) waive or delay the exercise of any rights or remedies of the provisions of the Note or Lender in respect of any of the Security Instruments may be modified collateral or waivedsecurity interest now or hereafter held; (e) release any party liable for the payment of the Note may be granted indulgences surety or releasedguarantor; (f) neither renew, extend, waive or modify the death, insolvency, bankruptcy, dissolution, nor disability terms of any Guaranteed Obligation or the Borrower, obligations of any of the Guarantorssurety or guarantor, or any other guarantor shall affect instrument or agreement evidencing the obligations hereunder of the Guarantorssame; (g) no claim need be asserted against renew, extend, waive or modify the personal representative, guardian, trustee in bankruptcy or receiver terms of any deceased, incompetent, bankrupt or insolvent Borrower, any of the Guarantors Loan Document or any other guarantorsecurity agreement, pledge, assignment, deed of trust, mortgage or other security document; (h) apply payments received from the Borrower or any deposit balance surety or guarantor or from any collateral, to the credit any indebtedness, liability, or obligations of the Borrower, any of the Guarantors Borrower or any other party liable for payment of the Note such sureties or liable upon guarantors whether or not a Guaranteed Obligation hereunder; and (i) realize on any security therefor may be released from time to time in whole interest, judicially or in partnonjudicially, at, before, with or after the stated, extended or accelerated maturity date without preservation of the Note. The undersigned Guarantors shall remain bound hereunder, notwithstanding any such exchange, compromise, surrender, substitution, extension, renewal, acceleration, modification, waiver, indulgence, release or other action regarding the Note or the Security Instruments, all of which may be effected without notice to or further consent or agreement by any of the Guarantors. The consent of any of the Guarantors to any of the foregoing actions in one or more instances shall not establish a requirement for the consent of any Guarantor to any subsequent action or actionsdeficiency judgment.
Appears in 1 contract
Samples: Elandia International Inc.