Common use of Modification of Loan Documents, etc Clause in Contracts

Modification of Loan Documents, etc. Neither the Administrative Agent nor any other Secured Party shall incur any liability to any Guarantor as a result of any of the following, and none of the following shall impair or release this Guaranty or any of the obligations of any Guarantor under this Guaranty: (a) 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; (b) any action under or in respect of the Credit Agreement, the other Loan Documents or any Hedging Agreement in the exercise of any remedy, power or privilege contained therein or available to any of them at law, in equity or otherwise, or waiver or refraining from exercising any such remedies, powers or privileges; (c) any amendment to, or modification of, in any manner whatsoever, the Loan Documents or any Hedging Agreement; (d) any extension or waiver of the time for performance by any Guarantor, any other guarantor, the Borrower or any other Person of, or compliance with, any term, covenant or agreement on its part to be performed or observed under a Loan Document or any Hedging Agreement, or waiver of such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) the taking and holding of security or collateral for the payment of the Guaranteed Obligations or the sale, exchange, release, disposal of, or other dealing with, any property pledged, mortgaged or conveyed, or in which the Administrative Agent or the other Secured Parties have been granted a Lien, to secure any Indebtedness of any Guarantor, any other guarantor or the Borrower to the Administrative Agent or the other Secured Parties; (f) the release of anyone who may be liable in any manner for the payment of any amounts owed by any Guarantor, any other guarantor or the Borrower to the Administrative Agent or any other Secured Party; (g) any modification or termination of the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor, any other guarantor or the Borrower are subordinated to the claims of the Administrative Agent or any other Secured Party; or (h) any application of any sums by whomever paid or however realized to any Guaranteed Obligations owing by any Guarantor, any other guarantor or the Borrower to the Administrative Agent or any other Secured Party in such manner as the Administrative Agent or any other Secured Party shall determine in its reasonable discretion.

Modification of Loan Documents, etc. Neither If the Administrative Agent nor or the Lenders shall at any other Secured Party shall incur any liability time or from time to any Guarantor as a result of any of time, with or without the followingconsent of, and none of or notice to, the following shall impair or release this Guaranty or any of the obligations of any Guarantor under this GuarantyGuarantors: (a) any change or extension of extend the manner, place or terms of payment of, or renewal renew or alteration of alter all or any portion of, the Guaranteed Obligations; (b) take any action under or in respect of the Credit Agreement, the other Loan Documents or any Hedging Agreement in the exercise of any remedy, power or privilege contained therein or available to any of them it at law, in equity or otherwise, or waiver waive or refraining refrain from exercising any such remedies, powers or privileges; (c) any amendment to, amend or modification ofmodify, in any manner whatsoever, the Loan Documents or any Hedging AgreementDocuments; (d) any extension extend or waiver of waive the time for performance by any Guarantor, any other guarantor, the Borrower or any other Person of, or compliance with, any term, covenant or agreement on its part to be performed or observed under a Loan Document or any Hedging Agreement(other than this Guaranty), or waiver of waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) the taking take and holding of hold security or collateral for the payment of the Guaranteed Obligations or the salesell, exchange, release, disposal dispose of, or other dealing otherwise deal with, any property pledged, mortgaged or conveyed, or in which the Administrative Agent or the other Secured Parties Lenders have been granted a Lien, to secure any Indebtedness of any Guarantor, any other guarantor or the Borrower to the Administrative Agent or the other Secured PartiesLenders; (f) the release of anyone who may be liable in any manner for the payment of any amounts owed by any Guarantor, any other guarantor or the Borrower to the Administrative Agent or any other Secured PartyLender; (g) any modification modify or termination of terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor, any other guarantor or the Borrower are subordinated to the claims of the Administrative Agent or any other Secured PartyLender; or (h) any application of apply any sums by whomever paid or however realized to any Guaranteed Obligations amounts owing by any Guarantor, any other guarantor or the Borrower to the Administrative Agent or any other Secured Party Lender in such manner as the Administrative Agent or any other Secured Party Lender shall determine in its reasonable discretion; then neither the Administrative Agent nor any Lender shall incur any liability to any Guarantor as a result thereof, and no such action shall impair or release the obligations of any Guarantor under this Guaranty.

Modification of Loan Documents, etc. Neither the Administrative Agent nor any other Secured Guaranteed Party shall incur any liability to any Guarantor as a result of any of the following, and none of the following shall impair or release this Guaranty or any of the obligations of any Guarantor under this Guaranty: (a) 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; (b) any action under or in respect of the Credit Agreement, Agreement or the other Loan Documents or any Hedging Agreement in the exercise of any remedy, power or privilege contained therein or available to any of them at law, in equity or otherwise, or waiver or refraining from exercising any such remedies, powers or privileges; (c) any amendment to, or modification of, in any manner whatsoever, the Loan Documents or any Hedging AgreementDocuments; (d) any extension or waiver of the time for performance by any Guarantor, any other guarantor, the Borrower Borrowers or any other Person of, or compliance with, any term, covenant or agreement on its part to be performed or observed under a Loan Document or any Hedging AgreementDocument, or waiver of such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) the taking and holding of security or collateral for the payment of the Guaranteed Obligations or the sale, exchange, release, disposal of, or other dealing with, any property pledged, mortgaged or conveyed, or in which the Administrative Agent or the other Secured Guaranteed Parties have been granted a Lien, to secure any Indebtedness of any Guarantor, any other guarantor or the Borrower Borrowers to the Administrative Agent or the other Secured Guaranteed Parties; (f) the release of anyone who may be liable in any manner for the payment of any amounts owed by any Guarantor, any other guarantor or the Borrower Borrowers to the Administrative Agent or any other Secured Guaranteed Party; (g) any modification or termination of the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor, any other guarantor or the Borrower Borrowers are subordinated to the claims of the Administrative Agent or any other Secured Guaranteed Party; or (h) any application of any sums by whomever paid or however realized to any Guaranteed Obligations owing by any Guarantor, any other guarantor or the Borrower Borrowers to the Administrative Agent or any other Secured Guaranteed Party in such manner as the Administrative Agent or any other Secured Guaranteed Party shall determine in its reasonable discretion.

Modification of Loan Documents, etc. Neither the Administrative Agent nor any other Secured Party shall incur any liability to any Guarantor as a result of any of the following, and none of the following shall impair or release this Guaranty or any of the obligations of any Guarantor under this Guaranty: (a) 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; (b) any action under or in respect of the Credit Agreement, the any other Loan Documents Document or any Hedging Hedge Agreement in the exercise of any remedy, power or privilege contained therein or available to any of them at law, in equity or otherwise, or waiver or refraining from exercising any such remedies, powers or privileges; (c) any amendment to, or modification of, in any manner whatsoever, the any Loan Documents Document or any Hedging Hedge Agreement; (d) any extension or waiver of the time for performance by any Guarantor, any other guarantor, the Borrower or any other Person of, or compliance with, any term, covenant or agreement on its part to be performed or observed under a Loan Document or any Hedging Hedge Agreement, or waiver of such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) the taking and holding of security or collateral for the payment of the Guaranteed Obligations or the sale, exchange, release, disposal of, or other dealing with, any property pledged, mortgaged or conveyed, or in which the Administrative Agent or the other Secured Parties have been granted a Lien, to secure any Indebtedness of any Guarantor, any other guarantor or the Borrower to the Administrative Agent or the other Secured Parties; (f) the release of anyone who may be liable in any manner for the payment of any amounts owed by any Guarantor, any other guarantor or the Borrower to the Administrative Agent or any other Secured Party; (g) any modification or termination of the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor, any other guarantor or the Borrower are subordinated to the claims of the Administrative Agent or any other Secured Party; or (h) any application of any sums by whomever paid or however realized to any Guaranteed Obligations owing by any Guarantor, any other guarantor or the Borrower to the Administrative Agent or any other Secured Party in such manner as the Administrative Agent or any other Secured Party shall determine in its reasonable discretion.

Modification of Loan Documents, etc. Neither the Administrative Agent nor any other Secured Party shall incur any liability to any Guarantor as a result of any of the following, and none of the following shall impair or release this Guaranty Agreement or any of the obligations of any Guarantor under this GuarantyAgreement: (a) any change or extension of the manner, place or terms of payment of, of or renewal or alteration of all or any portion of, the Guaranteed Obligations; (b) any action under or in respect of the Credit Agreement, the any other Loan Documents Document or any Hedging Hedge Agreement in the exercise of any remedy, power or privilege contained therein or available to any of them at law, in equity or otherwise, or waiver or refraining from exercising any such remedies, powers or privileges; (c) any amendment to, or modification of, in any manner whatsoever, the any Loan Documents Document or any Hedging Hedge Agreement; (d) any extension or waiver of the time for performance by any Guarantoreither Borrower, any other guarantor, the Borrower Guarantor or any other Person of, or compliance with, any term, covenant or agreement on its part to be performed or observed under a Loan Document or any Hedging Hedge Agreement, or waiver of such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) the taking and holding of security or collateral for the payment of the Guaranteed Obligations or the sale, exchange, release, disposal of, or other dealing with, any property pledged, mortgaged or conveyed, or in which the Administrative Agent or the other Secured Parties have been granted a Lien, to secure any Indebtedness of any Guarantoreither Borrower, any other guarantor or the Borrower Guarantor to the Administrative Agent or the other Secured Parties; (f) the release of anyone who may be liable in any manner for the payment of any amounts owed by any Guarantoreither Borrower, any other Guarantor or any other guarantor or the Borrower to the Administrative Agent or any other Secured Party; (g) any modification or termination of the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantoreither Borrower, any other Guarantor or any other guarantor or the Borrower are subordinated to the claims of the Administrative Agent or any other Secured Party; or (h) any application of any sums by whomever whoever paid or however realized to any Guaranteed Obligations owing by any Guarantoreither Borrower, any other Guarantor or any other guarantor or the Borrower to the Administrative Agent or any other Secured Party in such manner as the Administrative Agent or any other Secured Party shall determine in its reasonable discretion.

Modification of Loan Documents, etc. Neither the Administrative Agent nor any other Secured Party Lender shall incur any liability to any Guarantor as a result of any of the following, and none of the following shall impair or release this Guaranty or any of the obligations of any Guarantor under this Guaranty: (a) any change or extension of the manner, place or terms of payment of, or renewal or alteration of all or any portion of, the Subsidiary Guaranteed Obligations; (b) any action under or in respect of the Credit Agreement, Agreement or the other Loan Documents or any Hedging Agreement in the exercise of any remedy, power or privilege contained therein or available to any of them at law, in equity or otherwise, or waiver or refraining refrain from exercising any such remedies, powers or privileges; (c) any amendment to, or modification ofmodification, in any manner whatsoever, of the Credit Agreement or the other Loan Documents or any Hedging AgreementDocuments; (d) any extension or waiver of the time for performance by any Guarantor, any other guarantorthe Borrower, the Borrower Holdings or any other Person of, or compliance with, any term, covenant or agreement on its part to be performed or observed under a Loan Document the Credit Agreement or any Hedging Agreementother Loan Document, or waiver of such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) the any taking and holding of security or collateral for the payment of the Subsidiary Guaranteed Obligations or the any sale, exchange, release, disposal of, or other dealing with, any property pledged, mortgaged or conveyed, or in which the Administrative Agent or the other Secured Parties any Lender have been granted a Lien, to secure any Indebtedness of any Guarantor, the Borrower, Holdings or any other guarantor or the Borrower Person to the Administrative Agent or the other Secured PartiesLenders; (f) the any release of anyone who may be liable in any manner for the payment of any amounts owed by any Guarantor, the Borrower, Holdings or any other guarantor or the Borrower Person to the Administrative Agent or any other Secured PartyLender; (g) any modification or termination of the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor, the Borrower, Holdings or any other guarantor or the Borrower Person are subordinated to the claims of the Administrative Agent or any other Secured PartyLender; or (h) any application of any sums by whomever paid or however realized to any Guaranteed Obligations amounts owing by any Guarantor, the Borrower, Holdings or any other guarantor or the Borrower Person to the Administrative Agent or any other Secured Party Lender on account of the Guaranteed Obligations in such manner as the Administrative Agent or any other Secured Party Lender shall determine in its reasonable discretion.

Modification of Loan Documents, etc. Neither the Administrative Agent nor any other Secured Party shall incur any liability to any Guarantor as a result of any of the following, and none of the following shall impair or release this Guaranty or any of the obligations of any Guarantor under this Guaranty: (a) 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; (b) any action under or in respect of the Credit Agreement, the any other Loan Documents Document, any Secured Cash Management Agreement or any Hedging Secured Hedge Agreement in the exercise of any remedy, power or privilege contained therein or available to any of them at law, in equity or otherwise, or waiver or refraining from exercising any such remedies, powers or privileges; (c) any amendment to, or modification of, in any manner whatsoever, the any Loan Documents Document, any Secured Cash Management Agreement or any Hedging Secured Hedge Agreement; (d) any extension or waiver of the time for performance by any Guarantor, any other guarantor, the Borrower or any other Person of, or compliance with, any term, covenant or agreement on its part to be performed or observed under a Loan Document Document, a Secured Cash Management Agreement or any Hedging a Secured Hedge Agreement, or waiver of such performance or compliance or consent to a failure of, or departure from, such performance or compliance;; 119380723_3 (e) the taking and holding of security or collateral for the payment of the Guaranteed Obligations or the sale, exchange, release, disposal of, or other dealing with, any property pledged, mortgaged or conveyed, or in which the Administrative Agent or the other Secured Parties have been granted a Lien, to secure any Indebtedness of any Guarantor, any other guarantor or guarantor, the Borrower or any other Person to the Administrative Agent or the other Secured Parties; (f) the release of anyone who may be liable in any manner for the payment of any amounts owed by any Guarantor, any other guarantor or guarantor, the Borrower or any other Person to the Administrative Agent or any other Secured Party; (g) any modification or termination of the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor, any other guarantor or guarantor, the Borrower or any other Person are subordinated to the claims of the Administrative Agent or any other Secured Party; or (h) any application of any sums by whomever paid or however realized to any Guaranteed Obligations owing by any Guarantor, any other guarantor or guarantor, the Borrower or any other Person to the Administrative Agent or any other Secured Party in such manner as the Administrative Agent or any other Secured Party shall determine in its reasonable discretion.

Modification of Loan Documents, etc. Neither the Administrative Agent nor any other Secured Party shall incur any liability to any ADVA Subsidiary Guarantor as a result of any of the following, and none of the following shall impair or release this Guaranty Agreement or any of the obligations of any ADVA Subsidiary Guarantor under this GuarantyAgreement: (a) 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; (b) any action under or in respect of the Credit Agreement, the Agreement or any other Loan Documents or any Hedging Agreement Document in the exercise of any remedy, power or privilege contained therein or available to any of them at law, in equity or otherwise, or waiver or refraining from exercising any such remedies, powers or privileges; (c) any amendment to, or modification of, in any manner whatsoever, the any Loan Documents or any Hedging AgreementDocument; (d) any extension or waiver of the time for performance by any ADVA Subsidiary Guarantor, any other guarantor, the either Borrower or any other Person of, or compliance with, any term, covenant or agreement on its part to be performed or observed under a Loan Document or any Hedging Agreement, or waiver of such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) the taking and holding of security or collateral for the payment of the Guaranteed Obligations or the sale, exchange, release, disposal of, or other dealing with, any property pledged, mortgaged or conveyed, or in which the Administrative Agent or the other Secured Parties have been granted a Lien, to secure any Indebtedness of any ADVA Subsidiary Guarantor, any other guarantor guarantor, either Borrower or the Borrower any other Person to the Administrative Agent or the other Secured Parties; (f) the release of anyone who may be liable in any manner for the payment of any amounts owed by any ADVA Subsidiary Guarantor, any other guarantor guarantor, either Borrower or the Borrower any other Person to the Administrative Agent or any other Secured Party; (g) any modification or termination of the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any ADVA Subsidiary Guarantor, any other guarantor guarantor, either Borrower or the Borrower any other Person are subordinated to the claims of the Administrative Agent or any other Secured Party; or (h) any application of any sums by whomever paid or however realized to any Guaranteed Obligations owing by any ADVA Subsidiary Guarantor, any other guarantor guarantor, either Borrower or the Borrower any other Person to the Administrative Agent or any other Secured Party in such manner as the Administrative Agent or any other Secured Party shall determine in its reasonable discretion.

Modification of Loan Documents, etc. Neither the Administrative Agent nor any other Secured Party Lender shall incur any liability to any Subsidiary Guarantor as a result of any of the following, and none of the following shall impair or release this Guaranty or any of the obligations of any Subsidiary Guarantor under this Guaranty: (a) 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; (b) any action under or in respect of the Credit Agreement, Agreement or the other Loan Documents or any Hedging Agreement in the exercise of any remedy, power or privilege contained therein or available to any of them at law, in equity or otherwise, or waiver or refraining refrain from exercising any such remedies, powers or privileges; (c) any amendment to, or modification ofmodification, in any manner whatsoever, of the Loan Documents Credit Agreement or any Hedging Agreementother Loan Document; (d) any extension or waiver of the time for performance by any GuarantorBorrower, any other guarantor, the Borrower Subsidiary Guarantor or any other Person of, or compliance with, any term, covenant or agreement on its part to be performed or observed under a Loan Document the Credit Agreement or any Hedging Agreementother Loan Document, or waiver of waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) the any taking and holding of security or collateral for the payment of the Guaranteed Obligations or the sale, exchange, release, disposal of, or other dealing with, any property pledged, mortgaged or conveyed, or in which the Administrative Agent or the other Secured Parties Lenders have been granted a Lien, to secure any Indebtedness of any GuarantorBorrower, any Subsidiary Guarantor or any other guarantor or the Borrower Person to the Administrative Agent or the other Secured PartiesLenders; (f) the release of anyone who may be liable in any manner for the payment of any amounts owed by any Guarantor, any other guarantor or the Borrower to the Administrative Agent or any other Secured Party; (g) any modification or termination of the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any Guarantor, any other guarantor or the Borrower are subordinated to the claims of the Administrative Agent or any other Secured Party; or (h) any application of any sums by whomever paid or however realized to any Guaranteed Obligations owing by any Guarantor, any other guarantor or the Borrower to the Administrative Agent or any other Secured Party in such manner as the Administrative Agent or any other Secured Party shall determine in its reasonable discretion.

Modification of Loan Documents, etc. Neither the Administrative Agent nor any other Secured Party Lender shall incur any liability to any Guarantor Holdings as a result of any of the following, and none of the following shall impair or release this Parent Guaranty or any of the obligations of any Guarantor Holdings under this Parent Guaranty: (a) 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; (b) any action under or in respect of the Credit Agreement, this Agreement or the other Loan Documents or any Hedging Agreement in the exercise of any remedy, power or privilege contained herein or therein or available to any of them at law, in equity or otherwise, or waiver or refraining refrain from exercising any such remedies, powers or privileges; (c) any amendment to, or modification ofmodification, in any manner whatsoever, of this Agreement or the other Loan Documents or any Hedging AgreementDocuments; (d) any extension or waiver of the time for performance by any GuarantorHoldings, the Borrower, any other guarantor, the Borrower Subsidiary Guarantor or any other Person of, or compliance with, any term, covenant or agreement on its part to be performed or observed under a Loan Document this Agreement or any Hedging Agreementother Loan Document, or waiver of such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) the any taking and holding of security or collateral for the payment of the Guaranteed Obligations or the any sale, exchange, release, disposal of, or other dealing with, any property pledged, mortgaged or conveyed, or in which the Administrative Agent or the other Secured Parties have any Lender has been granted a Lien, to secure any Indebtedness of any GuarantorHoldings, the Borrower, any Subsidiary Guaranty or any other guarantor or the Borrower Person to the Administrative Agent or the other Secured Partiesany Lender; (f) the any release of anyone any Person who may be liable in any manner for the payment of any amounts owed by any GuarantorHoldings, the Borrower, any Subsidiary Guarantor or any other guarantor or the Borrower Person to the Administrative Agent or any other Secured PartyLender; (g) any modification or termination of the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of any GuarantorHoldings, the Borrower, any Subsidiary Guarantor or any other guarantor or the Borrower Person are subordinated to the claims of the Administrative Agent or any other Secured PartyLender; or (h) any application of any sums by whomever paid or however realized to any Guaranteed Obligations amounts owing by any GuarantorHoldings, the Borrower, any Subsidiary Guarantor or any other guarantor or the Borrower Person to the Administrative Agent or any other Secured Party Lender on account of the Guaranteed Obligations in such manner as the Administrative Agent or any other Secured Party Lender shall determine in its reasonable discretion.