Lien Absolute. All rights of Lender hereunder, and all obligations of Pledgors hereunder, shall be absolute and unconditional irrespective of: (a) any lack of validity or enforceability of the Note, the Purchase Agreement, the Keep Well, the Keep Well Guaranty, the Loan Guaranty or any other agreement or instrument governing or evidencing any Secured Obligations; (b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Note, the Keep Well, the Keep Well Guaranty, the Loan Guaranty or any other agreement or instrument governing or evidencing any Secured Obligations; (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations; or (d) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any Pledgor.
Appears in 4 contracts
Samples: Pledge and Security Agreement (Polaris Aircraft Income Fund Iii), Pledge and Security Agreement (Polaris Aircraft Income Fund Ii), Pledge and Security Agreement (Polaris Aircraft Income Fund V)
Lien Absolute. All rights of Lender the Collateral Agent for the benefit of the present and future Holders of Secured Obligations hereunder, and all obligations of Pledgors the Pledgor hereunder, shall be absolute and unconditional irrespective of:
(a) any lack of validity or enforceability of the NoteIndenture, the Purchase Agreement, the Keep Well, the Keep Well Guaranty, the Loan Guaranty any other Note Document or any other agreement or instrument governing or evidencing any of the Secured Obligations;
(b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the NoteIndenture, the Keep Well, the Keep Well Guaranty, the Loan Guaranty any other Note Document or any other agreement or instrument governing or evidencing any of the Secured Obligations;
(c) any exchange, release or nonperfection non-perfection of any other collateralCollateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations;
(d) the insolvency of any Obligor; or
(de) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any the Pledgor.
Appears in 2 contracts
Samples: Pledge Agreement (H&e Equipment Services LLC), Pledge Agreement (H&e Equipment Services LLC)
Lien Absolute. All rights of Lender Pledgee hereunder, and all obligations of Pledgors Pledgor hereunder, shall be absolute and unconditional irrespective of:
(a) any lack of validity or enforceability of the NoteNotes, the Securities Purchase Agreement, the Keep Well, the Keep Well Guaranty, the Loan Guaranty any other Transaction Document or any other agreement or instrument governing or evidencing any Secured Obligations;
(b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the NoteNotes, the Keep WellSecurities Purchase Agreement, the Keep Well Guaranty, the Loan Guaranty any other Transaction Document or any other agreement or instrument governing or evidencing any Secured Obligations;
(c) any exchange, release or nonperfection non-perfection of any other collateralPledged Collateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured Obligations;
(d) the insolvency of Company or any other obligor or guarantor of any obligations under the Transaction Documents; or
(de) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any PledgorPledgor other than payment and performance in full of the secured obligations.
Appears in 1 contract
Lien Absolute. All rights of Lender Agent, on behalf of itself and the Lenders, hereunder, and all obligations of Pledgors each Pledgor hereunder, shall be absolute and unconditional irrespective of:
(a) any lack of validity or enforceability of the Note, the Purchase Loan Agreement, the Keep Well, the Keep Well Guaranty, the any other Loan Guaranty Document or any other agreement or instrument governing or evidencing any Secured Obligations;
(b) any change in the time, manner manner, place or place terms of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the NoteLoan Agreement, the Keep Well, the Keep Well Guaranty, the any other Loan Guaranty Document or any other agreement or instrument governing or evidencing any Secured Obligations;
(c) any exchange, release or nonperfection non-perfection of any other collateralCollateral, or any release or amendment or waiver of or consent to departure from any guarantyguaranty (including, without limitation, the Guaranty Agreement), for all or any of the Secured Obligations;
(d) the insolvency of any Loan Party; or
(de) any other action or circumstance which might otherwise constitute a defense available to, or a legal or equitable discharge of, any Pledgor.
Appears in 1 contract
Samples: Pledge Agreement (AMEDICA Corp)
Lien Absolute. All rights of Lender Administrative Agent and Lenders hereunder, and all obligations of Pledgors hereunder, shall be absolute and unconditional irrespective of:
(a) any lack of validity or enforceability of the Note, the Purchase Credit Agreement, the Keep WellNotes, the Keep Well Guaranty, the Loan Guaranty any other Ancillary Agreements or any other agreement or instrument governing or evidencing any Secured ObligationsIndebtedness;
(b) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured ObligationsIndebtedness, or any other amendment or waiver of or any consent to any departure from the NoteCredit Agreement, the Keep WellNotes, the Keep Well Guaranty, the Loan Guaranty any other Ancillary Agreement or any other agreement or instrument governing or evidencing any Secured ObligationsIndebtedness;
(c) any exchange, release or nonperfection non-perfection of any other collateral, or any release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Secured ObligationsIndebtedness; or
(d) any other circumstance which might otherwise constitute a defense available to, or a discharge of, any PledgorPledgors.
Appears in 1 contract
Samples: Foreign Subsidiary Pledge Agreement (Information Resources Inc)