Common use of Modification of Guaranteed Obligations, Etc Clause in Contracts

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 4 contracts

Samples: Second Lien Guaranty (RadNet, Inc.), Second Lien Guaranty (Primedex Health Systems Inc), Guaranty (Primedex Health Systems Inc)

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Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 3 contracts

Samples: Credit Agreement (Curative Health Services Inc), Guaranty Agreement (Reading International Inc), Guaranty (RBC Bearings INC)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent the Agents and the Lenders may at any time or from time to time, with or without the consent of, or notice to, the Guarantors or any of them:(in their capacity as Guarantors): (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent the Agents or the Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantors or any Credit Party to Agent the Agents or any LenderSecured Creditor; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent the Agents and the Lenders; and/or; (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent the Agents or any Lender Secured Creditor in such manner as Agent the Agents or any Lender Secured Creditor shall determine in its discretion; and/or (i) the Agents and Agent and the Lenders shall not incur any liability to the Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of the Guarantors or any of them under this the Guaranty.

Appears in 2 contracts

Samples: Term Credit Agreement (James River Coal CO), Revolving Credit Agreement (James River Coal CO)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees jointly and severally that Agent the Agents and Lenders the Secured Parties may at any time or from time to time, with or without the consent of, or notice to, the Guarantors or any of them:(in their capacity as Guarantors): (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent the Agents or Lenders the Secured Parties have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantors or any Credit Party to Agent the Agents or any LenderSecured Party; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any other Credit Party are subordinated to the claims of Agent the Agents and Lendersthe Secured Parties; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any other Credit Party to any Agent or any Lender Secured Party in such manner as any Agent or any Lender Secured Party shall determine in its discretion; . The Agents and Agent and Lenders the Secured Parties shall not incur any liability to the Guarantors as a result thereofof any of the foregoing actions, and no such action shall impair or release the Guaranteed Obligations of the Guarantors or any of them under this the Guaranty.

Appears in 2 contracts

Samples: Credit Agreement (Global Power Equipment Group Inc/), Credit Agreement (Global Power Equipment Group Inc/)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and either Agent, the Required Lenders or any Lender may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which the Administrative Agent, the Collateral Agent or Lenders have any Lender has been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to any Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent the Agents and Lenders; and/or; (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to any Agent or any Lender in such manner as the Administrative Agent, the Collateral Agent or any Lender shall determine in its discretion; and and/or (i) none of the Administrative Agent, the Collateral Agent and Lenders or any Lender shall not incur any liability to Guarantors any Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this the Guaranty.

Appears in 2 contracts

Samples: Credit Agreement (Tarrant Apparel Group), Credit Agreement (Tarrant Apparel Group)

Modification of Guaranteed Obligations, Etc. Each The Guarantor hereby acknowledges and agrees that Agent and Lenders Purchasers may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in Note or Warrantin the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan DocumentsNote or Warrant; (d) extend or waive the time for any Credit PartySeller's or Guarantor's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Purchase Agreement or any other Closing Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral of the Seller for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders Purchasers have been granted a Lienlien, to secure any Guaranteed Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party Seller are subordinated to the claims of Agent and LendersPurchasers; and/or (hg) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party Seller to Agent or any Lender Purchasers in such manner as Agent or any Lender Purchasers shall reasonably determine in its discretion; and Agent and Lenders Purchasers shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 2 contracts

Samples: Guaranty (Commerce One Inc / De/), Guaranty (Commerce One Inc / De/)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders Lender may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any Guarantor (but with such consent of them:Borrower as may be required under the Loan Documents): (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan DocumentsDocuments (other than this Guaranty); (d) extend or waive the time for any Credit Loan Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) hereafter take and hold Collateral collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have Lender has been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or any Credit Loan Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Loan Party are subordinated to the claims of Agent and LendersLender; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Loan Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders Lender shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 2 contracts

Samples: Guaranty (RGC Resources Inc), Guaranty (RGC Resources Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders Secured Parties may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan DocumentsDocuments (in accordance with the terms thereof); (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) (i) subject to the Credit Agreement, take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or (ii) upon the occurrence and during the continuance of an Event of Default or otherwise in accordance with the Loan Documents, sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have any Secured Party has been granted a Lien, to secure any of the Obligations; (f) release anyone any Person who may be liable in any manner for the payment of any amounts owed by Guarantors any Guarantor or any Credit Party to Agent or any LenderSecured Party; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and LendersSecured Parties; and/or (h) subject to the Credit Agreement, the Intercreditor Agreement, Security Agreement and Pledge Agreement, apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender Secured Party in such manner as Agent or any Lender shall determine in its discretion; and none of Agent and Lenders or any Secured Party shall not incur any liability to Guarantors any Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this GuarantyGuaranty (unless, subject to Section 2.6 below, such action results in the payment in full and satisfaction of the Obligations).

Appears in 2 contracts

Samples: Guaranty (Neff Rental Inc), Guaranty (Neff Rental Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that the Agent and the Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors the Guarantor or any of themother obligor for the Guaranteed Obligations: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Credit Agreement or any other Loan Documents Document in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Credit Agreement or any other Loan DocumentsDocument; (d) extend or waive the time for any Credit Party's obligor for the Guaranteed Obligations performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Credit Agreement or any other Loan DocumentsDocument, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which the Agent or the Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors the Guarantor or any Credit Party other obligor for the Guaranteed Obligations to the Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any the Guarantor or any Credit Party other obligor for the Guaranteed Obligations are subordinated to the claims of the Agent and the Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any the Guarantor or any Credit Party other obligor for the Guaranteed Obligations to the Agent or any Lender in such manner as the Agent or any Lender shall determine in its discretion; and the Agent and the Lenders shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 2 contracts

Samples: Guaranty Agreement (Euronet Worldwide Inc), Guaranty Agreement (Euronet Worldwide Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent the Agents and the Lenders may at any time or from time to time, with or without the consent of, or notice to, the Guarantors or any of them:(in their capacity as Guarantors): (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent the Agents or the Lenders have been granted a Lien, to secure any ObligationsGuaranteed Obligation; (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantors or any Credit Party to Agent the Agents or any LenderSecured Creditor; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent the Agents, the Lenders and Lenders; and/orthe L/C Issuers; (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent any Agent, any Lender or any Lender L/C Issuer in such manner as the Administrative Agent or any Lender shall determine in its discretion; and/or (i) the Agents, the L/C Issuers and Agent and the Lenders shall not incur any liability to the Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of the Guarantors or any of them under this the Guaranty.

Appears in 2 contracts

Samples: Revolving Credit Agreement (James River Coal CO), Revolving Credit Agreement (James River Coal CO)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors Guarantor or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Debt Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Debt Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Debt Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lienlien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors Guarantor or any of them under this Guaranty.

Appears in 2 contracts

Samples: Guaranty (Salient Surgical Technologies, Inc.), Guaranty (Salient Surgical Technologies, Inc.)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders Lender may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Loan Party's ’s or other Guarantor’s (as such term is defined in the Loan Agreement) performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have Lender has been granted a Lienlien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or other Guarantor (as such term is defined in the Loan Agreement) or any Credit Loan Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit other Guarantor (as such term is defined in the Loan Agreement) or any Loan Party are subordinated to the claims of Agent and LendersLender; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or other Guarantor (as such term is defined in the Loan Agreement) or any Credit Loan Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders Lender shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Holding Company Guaranty (Ensign Group, Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themto such Guarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors such Guarantor or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any such Guarantor or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any such Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; , and Agent and Lenders shall not incur any liability to Guarantors such Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them such Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Telex Communications International LTD)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent the Borrower, the Agents and the Lenders may at any time or from time to time, with or without the consent of, or notice to, the Guarantors or any of them:(in their capacity as Guarantors): (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent the Agents or the Lenders have been granted a Lien, to secure any ObligationsGuaranteed Obligation; (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantors or any Credit Party to Agent the Agents or any LenderSecured Creditor; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent the Agents and the Lenders; and/or; (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to any Agent or any Lender in such manner as the Administrative Agent or any Lender (with the consent of the Required Lenders) shall determine in its discretion; and/or (i) the Agents and Agent and the Lenders shall not incur any liability to the Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of the Guarantors or any of them under this the Guaranty.

Appears in 1 contract

Samples: Superpriority Debtor in Possession Credit Agreement (James River Coal CO)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders Lender may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for Parent or any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have Lender has been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and LendersLender; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders Lender shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Newtek Business Services Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantors: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed guarantied hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors any Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Subsidiary Guaranty (Westaff Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Administrative Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any Guarantor (but with such consent of them:Borrower as may be required under the Credit Agreement): (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan DocumentsDocuments (other than this Guaranty); (d) extend or waive the time for any Credit Loan Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) hereafter take and hold Collateral collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Administrative Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or any Credit Loan Party to Administrative Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Loan Party are subordinated to the claims of Administrative Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Loan Party to Administrative Agent or any Lender in such manner as Administrative Agent or any Lender shall determine in its discretion; and Administrative Agent and Lenders shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (RGC Resources Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themto Guarantors: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) subject to the Intercreditor Agreement, take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor Guarantors or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor Guarantors or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; , and Agent and Lenders shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Guaranty Agreement (Penhall International Corp)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders Secured Parties may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan DocumentsDocuments (in accordance with the terms thereof); (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) (i) subject to the Credit Agreement, take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or, (ii) upon the occurrence and during the continuance of an Event of Default or if Borrowing Availability shall be less than $10,000,000, sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have any Secured Party has been granted a Lien, to secure any of the Obligations; (f) release anyone any Person who may be liable in any manner for the payment of any amounts owed by Guarantors any Guarantor or any Credit Party to Agent or any LenderSecured Party; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and LendersSecured Parties; and/or (h) subject to the Credit Agreement, apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender Secured party in such manner as Agent or any Lender shall determine in its discretion; and none of Agent and Lenders or any Secured Party shall not incur any liability to Guarantors any Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this GuarantyGuaranty (unless, subject to Section 2.7 below, such action results in the payment in full and satisfaction of the Obligations).

Appears in 1 contract

Samples: Guaranty (Neff Finance Corp.)

Modification of Guaranteed Obligations, Etc. Each Guarantor Guarantors hereby acknowledges ------------------------------------------- acknowledge and agrees agree that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantors: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it them at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Agent or any Lender; (gf) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor Guarantors or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (hg) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor Guarantors or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guarantythem.

Appears in 1 contract

Samples: Post Petition Loan and Guaranty Agreement (Montgomery Ward Holding Corp)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders each Investor may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of any of the Loan other Transaction Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, any of the Loan Documentsother Transaction Documents in accordance with the terms therein; (d) extend or waive the time for any Credit Party's Vyteris' performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan DocumentsDebentures or any other Transaction Document, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have such Investor has been granted a Lien, to secure any ObligationsGuaranteed Obligations or any other obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated Vyteris to the claims of Agent and Lenderssuch Investor; and/or (hg) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party Vyteris to Agent or any Lender such Investor in such manner as Agent or any Lender such Investor shall determine in its discretion; and Agent and Lenders such Investor shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors Guarantor or any of them the Guaranteed Obligations under this Guaranty.

Appears in 1 contract

Samples: Subsidiary Guaranty (Vyteris Holdings (Nevada), Inc.)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed guarantied hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors Guarantor or any of them under this Guaranty.

Appears in 1 contract

Samples: Parent Guaranty (Westaff Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Debt Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Debt Documents; (d) extend or waive the time for any Credit Loan Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Debt Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lienlien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Loan Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Loan Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Loan Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretiondiscretion to the extent provided in, or not otherwise inconsistent with, the Loan Agreement; and Agent and Lenders shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Synta Pharmaceuticals Corp)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Operative Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Operative Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Operative Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Guaranteed Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Precision Partners Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent, Canadian Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent, Canadian Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Obligations or any Credit Party to Agent or any LenderGuaranteed Obligations; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent, Canadian Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent, Canadian Agent or any Lender in such manner as Agent, Canadian Agent or any Lender shall determine in its discretion; and Agent, Canadian Agent and Lenders shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this US Guaranty. Notwithstanding anything contained in this US Guaranty to the contrary, nothing contained in this US Guaranty constitutes a waiver or modification of any rights a Guarantor who is also a US Borrower under the Credit Agreement may have in its capacity as a US Borrower under the Credit Agreement.

Appears in 1 contract

Samples: Us Guaranty (Blount International Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them, in accordance with the terms of the Loan Documents: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Ddi Corp)

Modification of Guaranteed Obligations, Etc. Each Corporate Guarantor hereby acknowledges and agrees that Agent Administrative Agent, Lenders and Lenders Issuing Banks may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themCorporate Guarantor: (aA) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (bB) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (cC) amend or modify, in any manner whatsoever, the Loan Documents; (dD) extend or waive the time for any Credit Loan Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (eE) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent Administrative Agent, Lenders or Lenders Issuing Banks have been granted a Lien, to secure any Obligations; (fF) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors any Corporate Guarantor or any Credit Loan Party to Administrative Agent or any Lender; (gG) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Corporate Guarantor or any Credit Loan Party are subordinated to the claims of Agent Administrative Agent, Lenders and LendersIssuing Banks; and/or (hH) apply any sums by whomever paid or however realized to any amounts owing by any Corporate Guarantor or any Credit Loan Party to Administrative Agent or any Lender in such manner as Administrative Agent or any Lender shall determine in its discretion; , and Agent Administrative Agent, Lenders and Lenders Issuing Banks shall not incur any liability to Guarantors any Corporate Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Corporate Guarantor under this Guaranty.

Appears in 1 contract

Samples: Loan and Security Agreement (Comforce Operating Co)

Modification of Guaranteed Obligations, Etc. Each The Guarantor hereby acknowledges and agrees that Agent and Lenders the Lender may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themthe Guarantor: (a) i. change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed ObligationsObligations in accordance with the terms therein; (b) ii. take any action under or in respect of the Loan Documents Exchange Agreement or any document executed thereunder in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) iii. amend or modify, in any manner whatsoever, the Loan DocumentsExchange Agreement, the New Note or any document executed thereunder in accordance with the terms therein; (d) iv. extend or waive the time for any Credit Party's the Company’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan DocumentsExchange Agreement, the New Note or any document executed thereunder, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliancecompliance in accordance with the terms therein; (e) v. take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have the Lender has been granted a Lienlien, to secure any ObligationsGuaranteed Obligations or any other obligations in accordance with the terms therein; (f) vi. release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated the Company to the claims of Agent and LendersLender; and/or (h) vii. apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party the Company to Agent or any the Lender in such manner as Agent or any the Lender shall determine in its discretion; and Agent and Lenders the Lender shall not incur any liability to Guarantors the Guarantor as a result thereof, and no such action action, except satisfaction of the Guaranteed Obligations, shall impair or release the Guaranteed Obligations of Guarantors Guarantor or any of them the Guaranteed Obligations under this GuarantyGuarantee.

Appears in 1 contract

Samples: Securities Exchange Agreement (Abakan, Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that the Administrative Agent and the Lenders may at any time or from time to time, with or without the consent of, or notice to, the Guarantors or any of them: (a) : change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (ba) in accordance with Section 10.03 of the Credit Agreement, take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (cb) in accordance with Section 10.01 of the Credit Agreement, amend or modify, in any manner whatsoever, the Loan Documents; (dc) extend or waive the time for any Credit Party's the Borrowers’ performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (ed) subject to the terms of the Security Agreement, take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which the Administrative Agent or the Lenders have been granted a Lien, to secure any Obligations; (fe) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantors or any Credit Party the Borrowers to the Administrative Agent or any Lender; (gf) modify or terminate the terms of any intercreditor or subordination agreement agreement, to the extent permitted by the terms of such intercreditor or subordination agreement, pursuant to which claims of other creditors of any Guarantor or any Credit Party Borrower are subordinated to the claims of the Administrative Agent and the Lenders; and/or (hg) subject to the terms of the Credit Agreement, apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to the Administrative Agent or any Lender in such manner as the Administrative Agent or any Lender shall determine in its discretion; and the Administrative Agent and the Lenders shall not incur any liability to the Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of the Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (InfuSystem Holdings, Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders the Lender may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any Guarantor, but subject to the terms of themthe Loan Documents: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any right, remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such rights, remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's the Borrower’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral collateral security for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have the Lender has been granted a Lien, to secure any Obligationsobligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or any Credit Party the Borrower to Agent or any the Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party the Borrower are subordinated to the claims of Agent and Lenders; and/orthe Lender; (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party the Borrower to Agent or any the Lender in such manner as Agent or any the Lender shall determine in its discretion; (i) request and accept other guaranties of the Guaranteed Obligations and any other indebtedness, obligations or liabilities of the Borrower to the Lender and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such guarantee and may permit or consent to any such action or the result of any such action or request and accept any additional security for the Guaranteed Obligations and any other indebtedness, obligations or liabilities of the Borrower to the Lender and may, from time to time, in whole or in part, surrender, release, subordinate, modify, waive, rescind, compromise or extend any such security and may permit or consent to any such action or the result of any such action; and/or (j) exercise, or waive or otherwise refrain from exercising, any other right, remedy, power or privilege (including the right to accelerate the maturity of the Loan and Agent any power of sale) granted by any Loan Document or other security document or agreement, or otherwise available to the Lender, with respect to the Guaranteed Obligations or any of the Collateral, even if the exercise of such right, remedy, power or privilege affects or eliminates any right of subrogation or any other right of the Guarantor against the Borrower; all as the Lender may deem advisable, and Lenders all without impairing, abridging, releasing or affecting this Guaranty. The Lender shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Seacastle Inc.)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders the Lender may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan DocumentsDocuments (except this Guaranty); (d) extend or waive the time for any Credit Loan Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have the Lender has been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Loan Party to Agent or any the Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Loan Party are subordinated to the claims of Agent and Lendersthe Lender; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Loan Party to Agent or any the Lender in such manner as Agent or any the Lender shall determine in its discretion; and Agent and Lenders the Lender shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (iFresh Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders Lender may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have Lender has been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and LendersLender; and/or (h) subject to the terms of the Loan Agreement, apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders Lender shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Asta Funding Inc)

Modification of Guaranteed Obligations, Etc. Each The Guarantor hereby acknowledges and agrees that Agent and Lenders the other Obligees may at any time or from time to time, with or without the consent of, of or notice to, Guarantors to the Guarantor or any of themSubsidiary Guarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents Transaction Agreements in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documentsother Transaction Agreements; (d) extend or waive the time for any Credit Party's member of the Company Group’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan DocumentsTransaction Agreements, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders other Obligees have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors the Guarantor or any Credit Party other member of the Company Group to Agent or any Lenderother Obligee; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any the Guarantor or any Credit Party other member of the Company Group are subordinated to the claims of Agent and LendersObligees, or enter into an intercreditor or subordination agreement with any other creditor of the Guarantor or any other member of the Company Group, except for such intercreditor or subordination agreements to which the Guarantor is a party if the Guarantor’s consent is required pursuant to the terms thereof; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any the Guarantor or any Credit Party other member of the Company Group to Agent or any Lender other Obligee in such manner as Agent or any Lender Obligee shall determine in its discretion; and Agent and Lenders other Obligees shall not incur any liability to Guarantors the Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them the Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Navtech Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby -------------------------------------------- acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Guaranty (American Eco Corp)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or any other Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any other Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any other Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Code Alarm Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that US Agent, Collateral Agent and US Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any US Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold US Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which US Agent, Collateral Agent or US Lenders have been granted a Lien, to secure any Guaranteed Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any US Credit Party to US Agent, Collateral Agent or any US Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any US Credit Party are subordinated to the claims of US Agent, Collateral Agent and US Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to US Agent, Collateral Agent or any US Lender in such manner as US Agent or any US Lender shall determine in its discretion; and US Agent, Collateral Agent and US Lenders shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this US Guaranty.

Appears in 1 contract

Samples: Us Guaranty (RPP Capital Corp)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders Lender may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have Lender has been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any other Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and LendersLender; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any other Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders Lender shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Letter of Agreement (Cellstar Corp)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders each Holder may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any Guarantor, pursuant to the terms of themsuch Holder's then existing agreements with the Company: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents Purchase Agreement or any of the Other Agreements in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan DocumentsPurchase Agreement or any of the Other Agreements in accordance with their terms; (d) extend or waive the time for any Credit Partythe Guarantor's or the Company's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan DocumentsPurchase Agreement or any of the Other Agreements, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or the Company to any Credit Party to Agent or any LenderHolder; (gf) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any the Guarantor or any Credit Party the Company are subordinated to the claims of Agent and Lendersthe Holders; and/or (hg) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or the Company to any Credit Party to Agent or any Lender Holder in such manner as Agent or any Lender such Holder shall determine in its discretion; and Agent and Lenders the Holders shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Cardiac Science Inc)

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Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent the Agents and the Participating Lenders may at any time or from time to time, with or without the consent of, or notice to, the Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent the Agents or the Participating Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantors or any Credit Party to Agent the Agents or any Participating Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent the Agents and the Participating Lenders; and/or; (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent the Agents or any Participating Lender in such manner as Agent the Agents or any Participating Lender shall determine in its discretion; ; (i) the Agents and Agent and the Participating Lenders shall not incur any liability to the Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of the Guarantors or any of them under this the Guaranty; and/or (j) settle or compromise any of the Guaranteed Obligations, any security therefore or any liability (including any of those hereunder) incurred directly or indirectly in respect thereof or hereof, and may subordinate the payment of all or any party thereof to the payment of any liability (whether due or not) of any Credit Party to its creditors other than the Secured Creditors.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (SOI Holdings, Inc.)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent the Agents and Lenders the Secured Creditors may at any time or from time to time, with or without the consent of, or notice to, the Guarantors or any of them:(in their capacity as Guarantors): (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent the Agents or Lenders the Secured Creditors have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantors or any Credit Party to Agent the Agents or any LenderSecured Creditor; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent the Agents and Lenders; and/orthe Secured Creditors; (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent the Agents or any Lender Secured Creditor in such manner as Agent the Agents or any Lender Secured Creditor shall determine in its discretion; and/or (i) the Agents and Agent and Lenders the Secured Creditors shall not incur any liability to the Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of the Guarantors or any of them under this the Guaranty.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Silicon Graphics Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent the Agents and the Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themthe Guarantors: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent the Agents or the Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantors or any Credit Party to Agent the Agents or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent the Agents and the Lenders; and/or­NY12534:166729.34 (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent the Agents or any Lender in such manner as Agent the Agents or any Lender shall determine in its discretion; and/or (i) the Agents and Agent and the Lenders shall not incur any liability to the Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of the Guarantors or any of them under this the Guaranty.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Oppenheimer Holdings Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Debt Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Debt Documents; (d) extend or waive the time for any Credit Loan Party's ’s performance of, ; or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Debt Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lienlien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or any Credit Loan Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Loan Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Loan Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Pacira Pharmaceuticals, Inc.)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them, in accordance with the terms of the Loan Documents: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Ddi Corp)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders each Investor may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantor: (a) 1.5.1. change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) 1.5.2. take any action under or in respect of any of the Loan other Transaction Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) 1.5.3. amend or modify, in any manner whatsoever, any of the Loan Documentsother Transaction Documents in accordance with the terms therein; (d) 1.5.4. extend or waive the time for any Credit Party's the Company’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan DocumentsNotes or any other Transaction Document, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) 1.5.5. take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have such Investor has been granted a Lien, to secure any ObligationsGuaranteed Obligations or any other obligations; (f) 1.5.6. release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated the Company to the claims of Agent and Lenderssuch Investor; and/or (h) 1.5.7. apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party the Company to Agent or any Lender such Investor in such manner as Agent or any Lender such Investor shall determine in its discretion; and Agent and Lenders such Investor shall not incur any liability to Guarantors any Guarantor as a result thereof, and no such action shall impair or release any Guarantor or any of the Guaranteed Obligations of Guarantors or any of them under this GuarantyGuarantee.

Appears in 1 contract

Samples: Subsidiary Guarantee (SkyShop Logistics, Inc.)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themto such Guarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors any Guarantor or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; , and Agent and Lenders shall not incur any liability to Guarantors any Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Golfsmith International Holdings Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Holder (or Collateral Agent and Lenders as circumstances may require) may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations[Intentionally omitted]; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents[Intentionally omitted]; (d) extend or waive the time for any Credit PartyDebtor/Payor's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Collateral Agent or Lenders have has been granted a LienSecurity Interest for the benefit of Holder, to secure any Guaranteed Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party Guarantor to Agent or any LenderHolder; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any the Guarantor or any Credit Party Debtor/Payor are subordinated to the claims of Agent and LendersHolder; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any the Guarantor or any Credit Party to Agent or any Lender Holder in such manner as Agent or any Lender Holder shall determine in its discretion; and Agent and Lenders Holder shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty. Notwithstanding anything in this Guaranty to the contrary, Guarantor hereby acknowledges and agrees that the obligations under this Guaranty shall remain in full force and be unaffected by any change or extension of the manner, place or terms of payment of, or renewal or alteration of all or any portion of, the Guaranteed Obligations or any amendment, or modification, of any manner whatsoever, of any Loan Document other than this Guaranty without regard to the Guarantor's consent or failure to consent thereto (and without regard to any notice or any lack of notice provided to Guarantor).

Appears in 1 contract

Samples: Guaranty (Flag Telecom Group LTD)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Curative Health Services Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders the Lender may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents Reimbursement Agreement or related documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan DocumentsReimbursement Agreement or related documents; (d) extend or waive the time for any Credit Party's of the Parent’s or its subsidiaries performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Reimbursement Agreement or Related Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders the Guarantied Parties have been granted a Lienlien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or any Credit Party of the Parent or its subsidiaries to Agent or any Lenderthe Guarantied Parties; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party of the Parent or its subsidiaries are subordinated to the claims of Agent and Lendersthe Guarantied Parties; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party of the Parent or its subsidiaries to Agent or any Lender the Guarantied Parties in such manner as Agent or any Lender the Guarantied Parties shall determine in its discretion; and Agent and Lenders the Guarantied Parties shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Buy Com Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Guaranteed Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors any Guarantor or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any other Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any other Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors any Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Coyne International Enterprises Corp)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themto such Guarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors any Guarantor or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; , and Agent and Lenders shall not incur any liability to Guarantors any Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Golfsmith International Holdings Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Secured Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or any other Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any other Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any other Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (St Cloud Capital Partners Lp)

Modification of Guaranteed Obligations, Etc. Each VC Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themVC Guarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents (other than actions under this Guaranty, which may only be taken by Lenders in accordance with the terms and conditions hereof) in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan DocumentsDocuments (other than this Guaranty, which may only be amended in accordance with the terms and conditions hereof); (d) extend or waive the time for any Credit Loan Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors any VC Guarantor or any Credit Loan Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any VC Guarantor or any Credit Loan Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any VC Guarantor or any Credit Loan Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors any VC Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them VC Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Pacira Pharmaceuticals, Inc.)

Modification of Guaranteed Obligations, Etc. Each The Guarantor hereby acknowledges and agrees that Agent and Lenders the Bank may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themthe Guarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed ObligationsObligations in accordance with the Credit Agreement; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan DocumentsDocuments in accordance therewith; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors the Guarantor or any Credit Party to Agent or any Lenderthe Bank; (gf) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any the Guarantor or any Credit Party are subordinated to the claims of Agent and Lendersthe Bank; and/or (hg) apply any sums by whomever paid or however realized to any amounts owing by any the Guarantor or any Credit Party to Agent or any Lender the Bank in such manner as Agent or any Lender shall determine in its discretionthe Bank is permitted to do so under the Loan Documents; and Agent and Lenders the Bank shall not incur any liability to Guarantors the Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them the Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Navteq Corp)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders any of the Lending Parties may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's Borrower’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or Borrower to any Credit Party to Agent or any LenderLending Party; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party Borrower are subordinated to the claims of Agent and Lendersthe Lending Parties; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or Borrower to any Credit Lending Party to Agent or any Lender in such manner as Agent or any Lender such Lending Party shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of the Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Limited Guaranty Agreement (Innotrac Corp)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) Guarantor: change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) ; take any action under or in respect of the Loan Documents Agreement or the Other Agreements in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) ; amend or modify, in any manner whatsoever, the Loan Documents; (d) Agreement or the Other Agreements; provided that, any amendment to this Guaranty shall require the consent of the Guarantor; extend or waive the time for any Credit PartyBorrower's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan DocumentsAgreement or the Other Agreements, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) ; take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Senior Obligations; (f) ; release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or any Credit Party Borrower to Agent or any Lender; (g) ; modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party Borrower are subordinated to the claims of Agent and Lenders; and/or (h) and/or apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party Borrower to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.;

Appears in 1 contract

Samples: Guaranty (LSB Industries Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Administrative Agent and Lenders Revolver Secured Parties may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) subject to the intercreditor provisions of the Credit Agreement, take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Administrative Agent or Lenders Revolver Secured Parties have been granted a Lien, to secure any Revolving Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Administrative Agent or any LenderRevolver Secured Party; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Administrative Agent and LendersRevolver Secured Parties; and/or (h) subject to the intercreditor provisions of the Credit Agreement, apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Revolver Credit Party to Administrative Agent or any Lender Revolver Secured Party in such manner as Administrative Agent or any Lender Revolver Secured Party shall determine in its discretion; and Administrative Agent and Lenders Revolver Secured Parties shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Coffeyville Resources, Inc.)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and jointly and severally unconditionally agrees that Agent and Lenders the Noteholder may at any time or from time to time, with or without the consent of, or notice to, the Guarantors or any of them: (a) : change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) ; take any action under or in respect of the Loan Documents Settlement Document or the Note in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) ; amend or modify, in any manner whatsoever, any Settlement Document or the Loan Documents; (d) Note; extend or waive the time for any Credit Party's of the EOTT Parties' performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under any Settlement Document or the Loan DocumentsNote, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) ; take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have the Noteholder has been granted a Lien, to secure any Obligations; (f) ; release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party of the EOTT Parties to Agent or any Lender; (g) the Noteholder; modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party of the EOTT Parties are subordinated to the claims of Agent and Lendersthe Noteholder; and/or (h) and/or apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party of the EOTT Parties to Agent or any Lender the Noteholder in such manner as Agent or any Lender the Noteholder shall determine in its discretion; and Agent and Lenders the Noteholder shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of the Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Settlement Agreement (Eott Energy Partners Lp)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (United Shipping & Technology Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Term Agent and Lenders Term Secured Parties may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) subject to the intercreditor provisions of the Credit Agreement, take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Term Agent or Lenders Term Secured Parties have been granted a Lien, to secure any Term Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Term Agent or any LenderTerm Secured Party; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Term Agent and LendersTerm Secured Parties; and/or (h) subject to the intercreditor provisions of the Credit Agreement, apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Revolver Credit Party to Term Agent or any Lender Term Secured Party in such manner as Term Agent or any Lender Term Secured Party shall determine in its discretion; and Term Agent and Lenders Term Secured Parties shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Coffeyville Resources, Inc.)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders may at any time or from time to time, with or without the consent of, or (with respect to subclause (b) and (e) herein, unless otherwise provided under the UCC) notice to, Guarantors or any of them: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors or any Credit Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of Agent and Lenders; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders shall not incur any liability to Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Finlay Enterprises Inc /De)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that the Administrative Agent and the Lenders may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themthe Guarantors: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) subject to Section 14.02, amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Party's ’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which the Administrative Agent or the Lenders have been granted a Lien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantors or any Credit Party to the Administrative Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit Party are subordinated to the claims of the Administrative Agent and the Lenders; and/or; (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit Party to the Administrative Agent or any Lender in such manner as the Administrative Agent or any Lender shall determine in its discretion; and and/or (i) the Administrative Agent and the Lenders shall not incur any liability to the Guarantors as a result thereof, and no such action shall impair or release the Guaranteed Obligations of the Guarantors or any of them under this the Guaranty.

Appears in 1 contract

Samples: Subordinated Credit Agreement (Oppenheimer Holdings Inc)

Modification of Guaranteed Obligations, Etc. Each Guarantor hereby acknowledges and agrees that Agent and Lenders Lender may at any time or from time to time, with or without the consent of, or notice to, Guarantors or any of themGuarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Loan Documents; (d) extend or waive the time for any Credit Loan Party's ’s or other Guarantor’s (as such term is defined in the Loan Agreement) performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold Collateral for the payment of the Guaranteed Obligations guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Agent or Lenders have Lender has been granted a Lienlien, to secure any Obligations; (f) release anyone who may be liable in any manner for the payment of any amounts owed by Guarantors Guarantor or other Guarantor (as such term is defined in the Loan Agreement) or any Credit Loan Party to Agent or any Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor or any Credit other Guarantor (as such term is defined in the Loan Agreement) or any Loan Party are subordinated to the claims of Agent and LendersLender; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by any Guarantor or any Credit other Guarantor (as such term is defined in the Loan Agreement) or any Loan Party to Agent or any Lender in such manner as Agent or any Lender shall determine in its discretion; and Agent and Lenders Lender shall not incur any liability to Guarantors Guarantor as a result thereof, and no such action shall impair or release the Guaranteed Obligations of Guarantors or any of them Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Ensign Group, Inc)

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