Lenders’ Freedom of Dealing Sample Clauses

Lenders’ Freedom of Dealing. The Collateral Agent and each Subordinating Creditor agrees, with respect to the Senior Debt and any and all collateral therefor or guaranties thereof, that the Companies and the Lenders may agree to increase the amount of the Senior Debt or otherwise modify the terms of any of the Senior Debt, and the Lenders may grant extensions of the time of payment or performance to and make compromises, including releases of collateral or guaranties, and settlements with the Companies and all other persons, in each case without the consent of the Collateral Agent, any Subordinating Creditor or the Companies and without affecting the agreements of the Collateral Agent or the Subordinating Creditors or the Borrower contained in this Agreement; provided, however, that nothing contained in this §8 shall constitute a waiver of the right of the Borrower itself to agree or consent to a settlement or compromise of a claim which the Agent or any Lender may have against the Borrower.
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Lenders’ Freedom of Dealing. The Subordinating Creditor agrees, with respect to the Senior Debt and any and all collateral therefor or guaranties thereof, that the Borrower and the Agent and the other Lenders may agree to increase the amount of the Senior Debt or otherwise modify the terms of any of the Senior Debt, and the Agent and the other Lenders may grant extensions of the time of payment or performance to and make compromises, including releases of collateral or guarantees, and settlements with the Borrower or any other Person, in each case without the consent of the Subordinating Creditor or any other Person.
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Lenders’ Freedom of Dealing. The Subordinating Lender agrees, with respect to the Senior Debt and any and all collateral therefor or guaranties thereof, that the Borrowers and the Secured Parties may agree to increase the amount of the Senior Debt or otherwise modify the terms of any of the Senior Debt, and the Secured Parties may grant extensions of the time of payment or performance to and make compromises, including releases of collateral or guaranties, Exhibit I Form of Subordination Agreement and settlements with the Borrowers and all other persons, in each case without the consent of the Subordinating Lender and without affecting the agreements of the Subordinating Lender or the Borrowers contained in this Agreement; provided, however, that nothing contained in this Section 8 shall constitute a waiver of the right of the Borrowers to agree or consent to a settlement or compromise of a claim which the Administrative Agent or any Secured Party may have against the Borrowers.
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Lenders’ Freedom of Dealing. The Purchasers agree, with respect to the Senior Debt and any and all collateral therefor or guaranties thereof, that the Borrowers and the Lenders may agree to increase the amount of the Senior Debt, and the Lenders may grant extensions of the time of payment or performance to and make compromises, including releases of guaranties, and settlements with the Company, its Subsidiaries and all other persons, in each case without the consent of the Purchasers or the Company or any such Subsidiaries and without affecting the agreements of the Purchasers or the Company contained in this Agreement; PROVIDED, HOWEVER, that (a) nothing contained in this Section 7 shall constitute a waiver of the right of the Company or any of its Subsidiaries themselves to agree or consent to a settlement or compromise of a claim which the Administrative Agent or any Lender may have against the Company or such Subsidiary, and (b) the provisions of this Section 7 shall be subject to the limitations set forth in the definition of Senior Debt.
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Lenders’ Freedom of Dealing. The Trustee agrees, with respect to the Bank Debt, any and all guaranties thereof and any and all Collateral, that the Borrowers and the Lenders may agree to increase the amount (not to exceed the dollar amount contained in the definition of Bank Debt) of the Bank Debt or otherwise modify or waive the terms of any of the Bank Debt, and the Lenders may grant extensions of the time of payment or performance to and make compromises, including releases of guaranties, collateral which is not Collateral or Collateral as set forth in Section 8.1 hereof, and settlements with the Borrowers and all other persons, in each case without the consent of the Trustee or any of the Debenture holders for which it acts and without affecting the agreements of the Trustee or the Borrowers contained in this Agreement.
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Lenders’ Freedom of Dealing. Each Pari Passu Lender hereby agrees that each other Pari Passu Lender may agree with the Credit Parties to modify the terms of the 2013 Debt or the 2014 Debt, as applicable, and that such other Pari Passu Lender may grant extensions of the time of payment or performance to and make compromises, including releases of Collateral or guaranties, and settlements with the Credit Parties. No Pari Passu Lender shall have any duty to any other Pari Passu Lender to act or refrain from acting in a manner that allows, or results in, the occurrence or continuance of an event of default or default under the 2013 Purchase Agreement or the 2014 Purchase Agreement, regardless of any knowledge thereof that such Pari Passu Lender may have or be charged with.
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Lenders’ Freedom of Dealing. The Creditor Agent agrees, with respect to the Lender Debt and any and all Joint Collateral therefor or guaranties thereof, that the Borrower and the Lenders may agree to increase the amount of the Lender Debt or otherwise modify the terms of any of the Lender Debt, and the Lenders may grant extensions of the time of payment or performance to and make compromises, including releases of collateral or guaranties, and settlements with the Borrower and all other persons, in each case without notice to or the consent of the Creditor Agent and without affecting the agreements of the Creditor Agent contained in this Agreement, the Creditor Agent hereby generally waiving any and all suretyship defenses that might otherwise be applicable. The Creditor Agent further waives any and all rights to require the Lender to marshal any assets or otherwise to take any actions with respect to marshaling.
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Lenders’ Freedom of Dealing. The Trustee agrees, with respect to the Bank Debt, any and all guaranties thereof and any and all Collateral, that the Borrowers, Agent, the Lenders and the lenders under any Eligible Credit Facility may agree to increase the amount (not to exceed the dollar amount contained in the definition of Bank Debt) of the Bank Debt or otherwise modify or waive the terms of any of the Bank Debt, and the Agent, Lenders and/or the lenders under any Eligible Credit Facility may grant extensions of the time of payment or performance to and make compromises, including releases of guaranties, collateral which is not Collateral or Collateral as set forth in Section 8.1 hereof, and settlements with the Borrowers and all other persons, in each case without the consent of the Trustee or any of the Debenture Holders for which it acts and without affecting the agreements of the Trustee or the Borrowers contained in this Agreement.
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Lenders’ Freedom of Dealing 
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Related to Lenders’ Freedom of Dealing

  • Self-Dealing In the event that a holder serves as the Collateral Agent, such holder acting in its capacity as such shall have the same rights and powers under this Agreement and the Notes as any other holder and may exercise or refrain from exercising the same as though it were not the Collateral Agent. Without limiting the generality of the foregoing, the Collateral Agent or any holding company, trust company or corporation in or with which the Collateral Agent or the Collateral Agent’s stockholders may be interested or affiliated, or any officer or director of the Collateral Agent, or of any other such entity, or any agent appointed by the Collateral Agent, may have commercial relations or otherwise deal with any of the holders, or with any other corporation having relations with any of the holders, and with any other entity, whether or not affiliated with the Collateral Agent.

  • Exclusive Dealing (a) From the date of this Agreement until the earlier of the Closing or the termination of this Agreement in accordance with its terms, the Company shall not, and shall cause the other Group Companies and, with respect to clauses (iii) and (iv), the Company’s current or future parent entity, Affiliate, or Subsidiary, and its and their respective Representatives not to, directly or indirectly: (i) solicit, initiate, seek, entertain, encourage (including by means of furnishing or disclosing information), facilitate, endorse, recommend, accept, discuss or negotiate, directly or indirectly, any inquiry, proposal or offer (whether formal or informal, written, oral or otherwise) with respect to a Company Acquisition Proposal; (ii) furnish or provide any non-public information or documents to any Person in connection with, or that could reasonably be expected to lead to, a Company Acquisition Proposal; (iii) enter into, participate in or continue in any discussions or negotiations with any third party in connection with or related to, or approve, accept, or enter into any letter of intent, term sheet or Contract or other arrangement or understanding regarding, any Company Acquisition Proposal; (iv) prepare, submit, file or take any steps in connection with a public or other offering or sale of any Equity Securities of any Group Company (or any Affiliate, current or future parent entity or successor of any Group Company), including making any filings or confidential submissions to the SEC related thereto; (v) consummate any Company Acquisition Proposal or (vi) otherwise cooperate in any way with, or assist or participate in, or knowingly facilitate or encourage any effort or attempt by any Person to do or seek to do any of the foregoing. The Company agrees to (A) terminate, and cause each of its parent entities, Affiliates and Subsidiaries, and its and their Representatives to terminate, any and all existing discussions or negotiations with any Person or group of Persons other than TortoiseCorp III and its Affiliates regarding a Company Acquisition Proposal, (B) notify TortoiseCorp III promptly upon receipt of any Company Acquisition Proposal by any Group Company or Affiliate or any officer, director, equity holder, employee or other Representative, and to describe the material terms and conditions of any such Company Acquisition Proposal in reasonable detail (including the identity of the Persons making such Company Acquisition Proposal) and to provide a copy of any such Company Acquisition Proposal, if extended in writing, and (C) keep TortoiseCorp III reasonably informed on a current basis of any modifications to such offer or information.

  • FREEDOM TO DEAL WITH THIRD PARTIES The Adviser shall be free to render services to others similar to those rendered under this Agreement or of a different nature except as such services may conflict with the services to be rendered or the duties to be assumed hereunder.

  • Course of Dealing No course of dealing, nor any failure to exercise, nor any delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof.

  • Exclusive Dealings For so long as this Agreement remains in ------------------ effect, neither Seller nor any person acting on Seller's behalf shall, directly or indirectly, solicit or initiate any offer from, or conduct any negotiations with, any person or entity concerning the acquisition of all or any interest in any of the Purchased Assets or the Stations, other than Buyer or Buyer's permitted assignees.

  • Good Faith and Fair Dealing Each Party hereby agrees that its performance of all obligations and exercise of all rights under this Agreement shall be governed by the fundamental principles of good faith and fair dealing.

  • Routine Dealings The Custodian will, in general, attend to all routine and mechanical matters in accordance with industry standards in connection with the sale, exchange, substitution, purchase, transfer, or other dealings with Securities or other property of each Fund except as may be otherwise provided in this Agreement or directed from time to time by Instructions from any particular Fund. The Custodian may also make payments to itself or others from the Assets for disbursements and out-of-pocket expenses incidental to handling Securities or other similar items relating to its duties under this Agreement, provided that all such payments shall be accounted for to the appropriate Fund.

  • Failure to Enforce Not a Waiver The failure of the Company to enforce at any time any provision of this Agreement shall in no way be construed to be a waiver of such provision or of any other provision hereof.

  • Other Dealings The Custodian shall otherwise act as directed by Instruction, including without limitation effecting the free payments of moneys or the free delivery of securities, provided that such Instruction shall indicate the purpose of such payment or delivery and that the Custodian shall record the party to whom the payment or delivery is made.

  • No Course of Dealing This Amendment shall not establish a course of dealing or be construed as evidence of any willingness on the Lender’s part to grant other or future extensions or modifications, should any be requested.

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