MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, and Secured Party's and Lenders' Rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender taking or accepting any additional -- or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the Obligation; (b) any full or partial release of any other Person obligated on any of the Obligation; (c) the modification or assignment of -- or waiver of compliance with -- any other Credit Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the Obligation; (e) any renewal, extension, or rearrangement of any of the Obligation, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the Obligation; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the Obligation; (g) any existing or future affect, claim, or defense (other than the defense of full and final payment and performance of the Obligation) of Debtor or any other Person against Secured Party or any Lender; (h) the unenforceability of any of the Obligation against any Person obligated or any of the Obligation because it exceeds the amount permitted by any Governmental Requirement, the act of creating it is ultra xxxxx, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligation is held to constitute a preference under any Debtor Law or for any other reason Secured Party or any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor, Secured Party, or any Lender of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligation other than as specifically provided in this agreement.
Appears in 1 contract
Samples: Credit Agreement (American Business Financial Services Inc /De/)
MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, -------------------- and Secured Party's and Lenders' Rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender taking or accepting any additional -- or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the Obligation; (b) any full or partial release of any other Person obligated on any of the Obligation; (c) the modification or assignment of -- or waiver of compliance with -- any other Credit Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the Obligation; (e) any renewal, extension, or rearrangement of any of the Obligation, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the Obligation; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the Obligation; (g) any existing or future affect, claim, or defense (other than credits toward outstanding amounts in respect of application of proceeds of Collateral under this agreement and except for the defense of full and final payment and performance of the Obligation) of Debtor or any other Person against Secured Party or any Lender; (h) the unenforceability of any of the Obligation against any Person obligated or any of the Obligation because it exceeds the amount permitted by any Governmental RequirementLaw, the act of creating it is ultra xxxxx, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligation is held to constitute a preference under any Debtor Law or for any other reason Secured Party or any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor, Secured Party, or any Lender of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligation other than as specifically provided in this agreement.. 5 Exhibit C ---------
Appears in 1 contract
MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, and Secured Party's and Lenders' Rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender taking or accepting any additional -- or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the Obligation; (b) any full or partial release of any other Person obligated on any of the Obligation; (c) the modification or assignment of -- or waiver of compliance with -- any other Credit Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the Obligation; (e) any renewal, extension, or rearrangement of any of the Obligation, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the Obligation; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the Obligation; (g) any existing or future affect, claim, or defense (other than OTHER THAN the defense of full and final payment and performance of the Obligation) of Debtor or any other Person against Secured Party or any Lender; (h) the unenforceability of any of the Obligation against any Person obligated or any of the Obligation because it exceeds the amount permitted by any Governmental Requirement, the act of creating it is ultra xxxxxULTRA VIRES, or the officers, partners, or trustees creating it exceeded their txxxx authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligation is held to constitute a preference under any Debtor Law or for any other reason Secured LAW OR FOR ANY OTHER REASON SECURED Party or any Lender is required to refund any payment or make payment to another Person; or (j0) any Person's failure to notify Debtor, Secured Party, or any Lender of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any my notice of any kind under any circumstances whatsoever with respect to this agreement or any of the offer Obligation other than OTHER THAN as specifically provided in this agreement.
Appears in 1 contract
Samples: Credit Agreement (Cfi Mortgage Inc)
MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, and Secured Party's and Lenders' Rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender taking or accepting any additional -- or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the Obligation; (b) any full or partial release of any other Person obligated on any of the Obligation; (c) the modification or assignment of -- or waiver of compliance with -- any other Credit Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the Obligation; (e) any renewal, extension, or rearrangement of any of the Obligation, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the Obligation; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the Obligation; (g) any existing or future affect, claim, or defense (other than the defense of full and final payment and performance of the Obligation) of Debtor or any other Person against Secured Party or any Lender; (h) the unenforceability of any of the Obligation against any Person obligated or any of the Obligation because it exceeds the amount permitted by any Governmental RequirementLaw, the act of creating it is ultra xxxxx, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligation is held to constitute a preference under any Debtor Law or for any other reason Secured Party or any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor, Secured Party, or any Lender of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligation other than as specifically provided in this agreement.
Appears in 1 contract
MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, and Secured Party's and Lenders' Rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender taking or accepting any additional -- or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the Obligation; (b) any full or partial release of any other Person obligated on any of the Obligation; (c) the modification or assignment of -- or waiver of compliance with -- any other Credit Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the Obligation; (e) any renewal, extension, or rearrangement of any of the Obligation, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the Obligation; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the Obligation; (g) any existing or future affect, claim, or defense (other than OTHER THAN the defense of full and final payment and performance of the Obligation) of Debtor or any other Person against Secured Party or any Lender; (h) the unenforceability of any of the Obligation against any Person obligated or any of the Obligation because it exceeds the amount permitted by any Governmental Requirement, the act of creating it is ultra xxxxxULTRA XXXXX, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligation is held to constitute a preference under any Debtor Law or for any other reason Secured Party or any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor, Secured Party, or any Lender of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligation other than OTHER THAN as specifically provided in this agreement.
Appears in 1 contract
MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, and Secured Party's and Lenders' Rights rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender taking or accepting any additional -- additional--or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the ObligationObligations; (b) any full or partial release of any other Person obligated on any of the ObligationObligations; (c) the modification or assignment of -- of-- or waiver of compliance with -- with-- any other Credit Term Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the ObligationObligations; (e) any renewal, extension, or rearrangement of any of the ObligationObligations, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the ObligationObligations; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the ObligationObligations; (g) any existing or future affect, claim, or defense (other than credits toward outstanding amounts in respect of application of proceeds of Collateral under this agreement and except for the defense of full and final payment and performance of the ObligationObligations) of Debtor or any other Person against Secured Party or any LenderParty; (h) the unenforceability of any of the Obligation Obligations against any Person obligated or any of the Obligation Obligations because it exceeds the amount permitted by any Governmental Requirementlaw, the act of creating it is ultra xxxxx, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligation Obligations is held to constitute a preference under the United States Bankruptcy Code or any Debtor Law similar state or federal debtor relief laws or for any other reason Secured Party or any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor, Debtor or the Secured Party, or any Lender Party of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligation Obligations other than as specifically provided in this agreement.
Appears in 1 contract
Samples: Collateral Pledge Agreement (Blue River Bancshares Inc)
MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, and Secured Party's and Lenders' Rights under this agreement Agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender taking or accepting any additional -- or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the Obligation; (b) any full or partial release of any other Person obligated on any of the Obligation; (c) the modification or assignment of -- or waiver of compliance with -- any other Credit Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the Obligation; (e) any renewal, extension, or rearrangement of any of the Obligation, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the Obligation; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the Obligation; (g) any existing or future affect, claim, or defense (other than the defense of full and final payment and performance of the Obligation) of Debtor or any other Person against Secured Party or any LenderParty; (h) the unenforceability of any of the Obligation against any Person obligated or any of the Obligation because it exceeds the amount permitted by any Governmental RequirementLaw, the act of creating it is ultra xxxxx, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligation is held to constitute a preference under any Debtor Law or for any other reason Secured Party or any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor, Debtor or Secured Party, or any Lender Party of their acceptance of this agreement Agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement Agreement or any of the Obligation other than as specifically provided in this agreementAgreement.
Appears in 1 contract
MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, and Secured Party's and Lenders' Rights rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender taking or accepting any additional -- additional--or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the ObligationObligations; (b) any full or partial release of any other Person obligated on any of the ObligationObligations; (c) the modification or assignment of -- of-- or waiver of compliance with -- with-- any other Credit Term Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the ObligationObligations; (e) any renewal, extension, or rearrangement of any of the ObligationObligations, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the ObligationObligations; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the ObligationObligations; (g) any existing or future affect, claim, or defense (other than credits toward outstanding amounts in respect of application of proceeds of Collateral under this agreement and except for the defense of full and final payment and performance of the ObligationObligations) of Debtor or any other Person against Secured Party or any LenderParty; (h) the unenforceability of any of the Obligation Obligations against any Person obligated or any of the Obligation Obligations because it exceeds the amount permitted by any Governmental Requirementlaw, the act of creating it is ultra xxxxxvxxxx, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligation Obligations is held to constitute a preference under the United States Bankruptcy Code or any Debtor Law similar state or federal debtor relief laws or for any other reason Secured Party or any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor, Debtor or the Secured Party, or any Lender Party of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligation Obligations other than as specifically provided in this agreement.
Appears in 1 contract
MATTERS NOT RELEVANT. The Security Interest, Debtor's obligations, -------------------- and Secured Party's and Lenders' Rights under this agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender taking or accepting any additional -- or --or any release, surrender, exchange, subordination, or loss of any other -- guaranty, assurance, or security for any of the Obligation; (b) any full or partial release of any other Person obligated on any of the Obligation; (c) the modification or assignment of -- or waiver of compliance with -- any other Credit Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the Obligation; (e) any renewal, extension, or rearrangement of any of the Obligation, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the Obligation; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the Obligation; (g) any existing or future affect, claim, or defense (other than credits toward outstanding amounts in respect of application of proceeds of Collateral under this agreement and except for the defense of full and final payment and performance of the Obligation) of Debtor or any other Person against Secured Party or any Lender; (h) the unenforceability of any of the Obligation against any Person obligated or any of the Obligation because it exceeds the amount permitted by any Governmental RequirementLaw, the act of creating it is ultra xxxxx, or the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligation is held to constitute a preference under any Debtor Law or for any other reason Secured Party or any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor, Secured Party, or any Lender of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligation other than as specifically provided in this agreement.
Appears in 1 contract
MATTERS NOT RELEVANT. The Security Interest, Debtor's Debtors' obligations, and Secured Party's and Seasoned Warehouse Lenders' Rights rights under this agreement Agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender Lender's taking or accepting any additional -- additional, or any release, surrender, exchange, subordination, or loss of any other -- other, guaranty, assurance, or security for any of the ObligationObligations; (b) any full or partial release of any other Person obligated on any of the ObligationObligations; (c) the modification or assignment of -- of, or waiver of compliance with -- with, any other Credit Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the ObligationObligations; (e) any renewal, extension, extension or rearrangement of any of the ObligationObligations, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the ObligationObligations; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the ObligationObligations; (g) any existing or future affectright, claim, claim or defense (other than the defense of full and final payment and performance of the ObligationObligations) of any Debtor or any other Person against Secured Party or any Lender; (h) the unenforceability of any of the Obligation Obligations against any Person obligated or any part of the Obligation Obligations because it exceeds the amount permitted by any Governmental RequirementLaw, the act of creating it is ultra xxxxxvirex, or xx the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligation Obligations is held to constitute a preference under any Debtor Law or for any other reason Secured Party or of any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor, Secured Party, or any Lender of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, ; and each Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement Agreement or any of the Obligation Obligations other than as specifically provided in this agreementAgreement.
Appears in 1 contract
Samples: Senior Secured Seasoned Warehouse Credit Agreement (Mca Financial Corp /Mi/)
MATTERS NOT RELEVANT. The Security Interest, Debtor's Debtors' obligations, and Secured Party's and Seasoned Warehouse Lenders' Rights rights under this agreement Agreement are not released, diminished, impaired, or adversely affected by any one or more of the following: (a) Secured Party's or any Lender Lender's taking or accepting any additional -- additional, or any release, surrender, exchange, subordination, or loss of any other -- other, guaranty, assurance, or security for any of the ObligationObligations; (b) any full or partial release of any other Person obligated on any of the ObligationObligations; (c) the modification or assignment of -- of, or waiver of compliance with -- with, any other Credit Loan Document; (d) any present or future insolvency, bankruptcy, or lack of corporate, partnership, or trust power of any other Person obligated on any of the ObligationObligations; (e) any renewal, extension, extension or rearrangement of any of the ObligationObligations, or any adjustment, indulgence, forbearance, or compromise granted to any Person obligated on any of the ObligationObligations; (f) any Person's neglect, delay, omission, failure, or refusal to take or prosecute any action in connection with any of the ObligationObligations; (g) any existing or future affectright, claim, claim or defense (other than the defense of full and final payment and performance of the ObligationObligations) of any Debtor or any other Person against Secured Party or any Lender; (h) the unenforceability of any of the Obligation Obligations against any Person obligated or any part of the Obligation Obligations because it exceeds the amount permitted by any Governmental RequirementLaw, the act of creating it is ultra xxxxxvirex, or xx the officers, partners, or trustees creating it exceeded their authority or violated their fiduciary duties, or otherwise; (i) any payment of the Obligation is held to constitute a preference under any Debtor Law or for any other reason Secured Party or any Lender is required to refund any payment or make payment to another Person; or (j) any Person's failure to notify Debtor, Secured Party, or any Lender of their acceptance of this agreement or any Person's failure to notify Debtor about the foregoing events or occurrences, and Debtor waives any notice of any kind under any circumstances whatsoever with respect to this agreement or any of the Obligation other than as specifically provided in this agreement.Obligations is
Appears in 1 contract
Samples: Senior Secured Seasoned Warehouse Credit Agreement (Mca Financial Corp /Mi/)