Common use of Lenders’ Freedom of Dealing Clause in Contracts

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, 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.

Appears in 2 contracts

Samples: Credit Agreement (Casella Waste Systems Inc), Credit Agreement (Casella Waste Systems Inc)

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Lenders’ Freedom of Dealing. The Each Subordinating Lender Creditor agrees, with respect to the Senior Debt and any and all collateral therefor or guaranties thereof, that the Borrowers Companies and the Secured Parties Lenders 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 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 Borrowers Companies and all other persons, in each case without the consent of any Subordinating Creditor or the Subordinating Lender Companies and without affecting the agreements of the Subordinating Lender Creditors or the Borrowers Borrower contained in this Agreement; provided, however, that nothing contained in this Section 8 shall constitute a waiver of the right of the Borrowers Borrower itself to agree or consent to a settlement or compromise of a claim which the Administrative Agent or any Secured Party Lender may have against the BorrowersBorrower.

Appears in 1 contract

Samples: Subordination Agreement (Wet Seal Inc)

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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, 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Casella Waste Systems Inc)

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