Common use of Liability Not Impaired Clause in Contracts

Liability Not Impaired. The liabilities and obligations of the Borrower and 3TEC hereunder shall not be affected or impaired by (a) the failure of the Agent or the Lenders or any other Person to exercise diligence or reasonable care in the preservation, protection or other handling or treatment of all or any part of any Collateral for all or any portion of the Obligations, (b) the failure of any Lien intended to be granted or created to secure all or any part of the Obligations to be properly perfected or created or the unenforceability of any such Lien for any other reason, or (c) the subordination of any such Lien to any other Lien. The Lenders may at any time and from time to time, without the consent of or notice to 3TEC, and without incurring any responsibility to 3TEC, and without impairing or releasing or otherwise affecting any of the obligations or agreements of 3TEC hereunder, (a) change the manner, place or terms of payment, or change or extend the time of payment of, renew, or alter all or any portion of the Obligations, (b) exchange, release, surrender, realize upon or otherwise deal with, in any manner and any order, any Property at any time subject to any Lien in favor of the Lenders, (c) exercise or refrain from exercising any rights against the Borrower or others, and (d) sell, transfer, assign or grant participations in the Obligations or any portion thereof.

Appears in 1 contract

Samples: Subordination Agreement (Middle Bay Oil Co Inc)

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Liability Not Impaired. The liabilities and obligations of the Borrower and 3TEC Shoeinvest hereunder shall not be affected or impaired by (a) the failure of the Agent or the Lenders or any other Person to exercise diligence or reasonable care in the preservation, protection or other handling or treatment of all or any part of any Collateral for all or any portion of the Obligations, (b) the failure of any Lien intended to be granted or created to secure all or any part of the Obligations to be properly perfected or created or the unenforceability of any such Lien for any other reason, or (c) the subordination of any such Lien to any other Lien. The Lenders may at any time and from time to time, without the consent of or notice to 3TECShoeinvest, and without incurring any responsibility to 3TECShoeinvest, and without impairing or releasing or otherwise affecting any of the obligations or agreements of 3TEC Shoeinvest hereunder, (a) change the manner, place or terms of payment, or change or extend the time of payment of, renew, or alter all or any portion of the Obligations, (b) exchange, release, surrender, realize upon or otherwise deal with, in any manner and any order, any Property at any time subject to any Lien in favor of the Lenders, (c) exercise or refrain from exercising any rights against the Borrower or others, and (d) sell, transfer, assign or grant participations in the Obligations or any portion thereof.

Appears in 1 contract

Samples: Subordination Agreement (Middle Bay Oil Co Inc)

Liability Not Impaired. The liabilities and obligations of the Borrower and 3TEC SFP hereunder shall not be affected or impaired by (a) the failure of the Agent or the Lenders or any other Person to exercise diligence or reasonable care in the preservation, protection or other handling or treatment of all or any part of any Collateral for all or any portion of the Obligations, (b) the failure of any Lien intended to be granted or created to secure all or any part of the Obligations to be properly perfected or created or the unenforceability of any such Lien for any other reason, or (c) the subordination of any such Lien to any other Lien. The Lenders may at any time and from time to time, without the consent of or notice to 3TECSFP, and without incurring any responsibility to 3TECSFP, and without impairing or releasing or otherwise affecting any of the obligations or agreements of 3TEC SFP hereunder, (a) change the manner, place or terms of payment, or change or extend the time of payment of, renew, or alter all or any portion of the Obligations, (b) exchange, release, surrender, realize upon or otherwise deal with, in any manner and any order, any Property at any time subject to any Lien in favor of the Lenders, (c) exercise or refrain from exercising any rights against the Borrower or others, and (d) sell, transfer, assign or grant participations in the Obligations or any portion thereof.

Appears in 1 contract

Samples: Subordination Agreement (Middle Bay Oil Co Inc)

Liability Not Impaired. The liabilities and obligations of the Borrower and 3TEC Parawon hereunder shall not be affected or impaired by (a) the failure of the Agent or the Lenders Lender or any other Person to exercise diligence or reasonable care in the preservationpreservation , protection or other handling or treatment of all or any part of any Collateral for all or any portion of the Obligations, (b) the failure of any Lien intended to be granted or created to secure all or any part of the Obligations to be properly perfected or created or the unenforceability of any such Lien for any other reason, or (c) the subordination of any such Lien to any other Lien. The Lenders Lender may at any time and from time to time, without the consent of or notice to 3TECParawon, and without incurring any responsibility to 3TECParawon, and without impairing or releasing or otherwise affecting any of the obligations or agreements of 3TEC Parawon hereunder, (a) change the manner, place or terms of payment, or change or extend the time of payment of, renew, or alter all or any portion of the Obligations, (b) exchange, release, surrender, realize upon or otherwise deal with, in any manner and any order, any Property at any time subject to any Lien in favor of the LendersLender, (c) exercise or refrain from exercising any rights against the Borrower or others, and (d) sell, transfer, assign or grant participations in the Obligations or any portion thereof.

Appears in 1 contract

Samples: Subordination Agreement (NPC Holdings Inc)

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Liability Not Impaired. The liabilities and obligations of the Borrower and 3TEC Prudential hereunder shall not be affected or impaired by (a) the failure of the Agent or the Lenders or any other Person to exercise diligence or reasonable care in the preservation, protection or other handling or treatment of all or any part of any Collateral for all or any portion of the Obligations, (b) the failure of any Lien intended to be granted or created to secure all or any part of the Obligations to be properly perfected or created or the unenforceability of any such Lien for any other reason, or (c) the subordination of any such Lien to any other Lien. The Lenders may at any time and from time to time, without the consent of or notice to 3TECPrudential, and without incurring any responsibility to 3TECPrudential, and without impairing or releasing or otherwise affecting any of the obligations or agreements of 3TEC Prudential hereunder, (a) change the manner, place or terms of payment, or change or extend the time of payment of, renew, or alter all or any portion of the Obligations, (b) exchange, release, surrender, realize upon or otherwise deal with, in any manner and any order, any Property at any time subject to any Lien in favor of the Lenders, (c) exercise or refrain from exercising any rights against the Borrower or others, and (d) sell, transfer, assign or grant participations in the Obligations or any portion thereof.

Appears in 1 contract

Samples: Subordination Agreement (Middle Bay Oil Co Inc)

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