Common use of Lenders’ Freedom of Dealing Clause in Contracts

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.

Appears in 2 contracts

Samples: Bridge Subordination Agreement (Wet Seal Inc), Subordination Agreement (Wet Seal Inc)

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Lenders’ Freedom of Dealing. The Collateral Agent and each 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; providedPROVIDED, howeverHOWEVER, that nothing contained in this §SECTION 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.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Prentice Capital Management, LP), Securities Purchase Agreement (Sac Capital Advisors LLC)

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Lenders’ Freedom of Dealing. The Collateral Agent SAC 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 SAC and any of the Collateral Agent, any Subordinating Creditor Creditors or the Companies and without affecting the agreements of the Collateral Agent or SAC and 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.

Appears in 1 contract

Samples: Subordination Agreement (Wet Seal Inc)

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