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

Modification of Loan Documents, etc. If the Administrative Agent or the Lenders shall at any time or from time to time, with or without the consent of, or notice to, the 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, in 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 performance by the Guarantor, any such 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 (other than this Guaranty), or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance, (e) take and hold security or collateral for the payment of the Guaranteed Obligations 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 Debt of the Guarantor or any such Borrower to any Agent or the Lenders, (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantor or any such Borrower to any Agent or Lender, (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of the Guarantor or any such Borrower are subordinated to the claims of any Agent or Lender or (h) apply any sums by whomever paid or however realized to any amounts owing by the Guarantor or any such Borrower to any Agent or Lender on account of the Obligations in such manner as the Administrative Agent or any Lender shall determine in its reasonable discretion; then neither the Administrative Agent nor any Lender shall incur any liability to the Guarantor as a result thereof, and no such action shall impair or release the obligations of the Guarantor under this Guaranty.

Appears in 3 contracts

Samples: Credit Agreement (Acc Corp), Credit Agreement (Acc Corp), Credit Agreement (Acc Corp)

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Modification of Loan Documents, etc. If the Administrative Agent or the Lenders shall at any time or from time to time, with or without the consent of, or notice to, the Guarantor US Borrower (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the US Borrower 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, in 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 performance by the GuarantorUS Borrower, any such other guarantor, the Canadian 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 (other than this US Borrower Guaranty), or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance, (e) take and hold security or collateral for the payment of the US Borrower Guaranteed Obligations 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 any Lender has been granted a Lien, to secure any Debt Indebtedness of the Guarantor US Borrower, any other guarantor or the Canadian Borrower to the Administrative Agent or any such Borrower to any Agent or the LendersLender, (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantor US Borrower, any other guarantor or the Canadian Borrower to the Administrative Agent or any such Borrower to any Agent or Lender, (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of the Guarantor US Borrower, any other guarantor or any such the Canadian Borrower are subordinated to the claims of any the Administrative Agent or any Lender or (h) apply any sums by whomever paid or however realized to any amounts US Borrower Guaranteed Obligations owing by the Guarantor US Borrower, any other guarantor or the Canadian Borrower to the Administrative Agent or any such Borrower to any Agent or Lender on account of the Obligations in such manner as the Administrative Agent or any Lender shall determine in its reasonable discretion; then neither the Administrative Agent nor any Lender shall incur any liability to the Guarantor US Borrower as a result thereof, and no such action shall impair or release the obligations of the Guarantor US Borrower under this US Borrower Guaranty.

Appears in 3 contracts

Samples: Credit Agreement (SCP Pool Corp), Credit Agreement (SCP Pool Corp), Credit Agreement (Pool Corp)

Modification of Loan Documents, etc. If the Administrative ---------------------------------- Agent or the Lenders shall at any time or from time to time, with or without the consent of, or notice to, the Guarantor 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 in the exercise of any remedy, power or privilege contained therein or available to it at law, in 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 performance by the GuarantorCompany, any such 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 (other than this Guaranty), or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance, (e) take and hold security or collateral for the payment of the Guaranteed Obligations 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 Debt of the Guarantor Company or any such Borrower to any Agent or the Lenders, (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantor Company or any such Borrower to any Agent or Lender, (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of the Guarantor Company or any such Borrower are subordinated to the claims of any Agent or Lender or (h) apply any sums by whomever paid or however realized to any amounts owing by the Guarantor Company or any such Borrower to any Agent or Lender on account of the Obligations in such manner as the Administrative Agent or any Lender shall determine in its reasonable discretion; then neither the Administrative Agent nor any Lender shall incur any liability to the Guarantor Company as a result thereof, and no such action shall impair or release the obligations of the Guarantor Company under this Guaranty.

Appears in 2 contracts

Samples: Credit Agreement (Choice One Communications Inc), Credit Agreement (Choice One Communications Inc)

Modification of Loan Documents, etc. If the Administrative Agent or the Lenders shall at any time or from time to time, with or without the consent of, or notice to, the each Borrower Guarantor (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the any Borrower 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, in 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 performance by the Guarantorany Borrower, any such Borrower other 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 (other than this its Borrower Guaranty), or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance, (e) take and hold security or collateral for the payment of the its Borrower Guaranteed Obligations 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 any other Guaranteed Party has been granted a Lien, to secure any Debt Indebtedness of the any Borrower Guarantor or any such Borrower other guarantor to any the Administrative Agent or the Lendersany other Guaranteed Party, (f) release anyone who may be liable in any manner for the payment of any amounts owed by the any Borrower Guarantor or any such Borrower other guarantor to any the Administrative Agent or Lenderany other Guaranteed Party, (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of the such Borrower Guarantor or any such Borrower other guarantor are subordinated to the claims of any the Administrative Agent or Lender any other Guaranteed Party or (h) apply any sums by whomever paid or however realized to any amounts Borrower Guaranteed Obligations owing by the any Borrower Guarantor or any such Borrower other guarantor to any the Administrative Agent or Lender on account of the Obligations any other Guaranteed Party in such manner as the Administrative Agent or any Lender other Guaranteed Party shall determine in its reasonable discretion; then neither the Administrative Agent nor any Lender other Guaranteed Party shall incur any liability to the any Borrower Guarantor as a result thereof, and no such action shall impair or release the obligations of the any Borrower Guarantor under this its Borrower Guaranty.

Appears in 2 contracts

Samples: Credit Agreement (Pool Corp), Credit Agreement (Pool Corp)

Modification of Loan Documents, etc. If the Administrative Agent or the Tranche A Lenders shall at any time or from time to time, with or without the consent of, or notice to, the Guarantor (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 Operative Agreements in the exercise of any remedy, power or privilege contained therein or available to it at law, in 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) Operative Agreements; extend or waive the time for performance by the Guarantor, any such 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 an Operative Agreement (other than this Guaranty), or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance, (e) ; take and hold security or collateral for the payment of the Guaranteed Obligations or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which the Administrative Agent or the Tranche A Lenders have been granted a Lien, to secure any Debt indebtedness or other obligation of the Guarantor or any such the Borrower to any the Agent or the Tranche A Lenders, (f) ; release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantor or any such the Borrower to any the Agent or any Tranche A Lender, (g) ; modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of the Guarantor or any such the Borrower are subordinated to the claims of any the Agent or Lender any Tranche A Lender; or (h) apply any sums by whomever paid or however realized to any amounts owing by the Guarantor or any such the Borrower to any the Agent or any Tranche A Lender on account of the Obligations in such manner as the Administrative Agent or any Tranche A Lender shall determine in its reasonable discretion; then neither the Administrative Agent nor any Tranche A Lender shall incur any liability to the Guarantor as a result thereof, and no such action shall impair or release the obligations of the Guarantor under this Guaranty.

Appears in 1 contract

Samples: Unconditional Guaranty Agreement (Lci International Inc /Va/)

Modification of Loan Documents, etc. If the Administrative Agent or the Lenders shall at any time or from time to time, with or without the consent of, or notice to, the Guarantor 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 in the exercise of any remedy, power or privilege contained therein or available to it at law, in 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 performance by the GuarantorCompany, any such 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 (other than this Guaranty), or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance, (e) take and hold security or collateral for the payment of the Guaranteed Obligations 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 Debt of the Guarantor Company or any such Borrower to any Agent or the Lenders, (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantor Company or any such Borrower to any Agent or Lender, (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of the Guarantor Company or any such Borrower are subordinated to the claims of any Agent or Lender or (h) apply any sums by whomever paid or however realized to any amounts owing by the Guarantor Company or any such Borrower to any Agent or Lender on account of the Obligations in such manner as the Administrative Agent or any Lender shall determine in its reasonable discretion; then neither the Administrative Agent nor any Lender shall incur any liability to the Guarantor Company as a result thereof, and no such action shall impair or release the obligations of the Guarantor Company under this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Choice One Communications Inc)

Modification of Loan Documents, etc. If the Administrative Agent or the Lenders shall at any time or from time to time, with or without the consent of, or notice to, the 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, in 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 performance by the Guarantor, any such 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 (other than this Guaranty), or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance, (e) take and hold security or collateral for the payment of the Guaranteed Obligations 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 Debt of the Guarantor or any such Borrower to any the Administrative Agent or the Lenders, (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantor or any such Borrower to any 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 the Guarantor or any such Borrower are subordinated to the claims of any the Administrative Agent or any Lender or (h) apply any sums by whomever paid or however realized to any amounts owing by the Guarantor or any such Borrower to any Agent or Lender on account of the Obligations in such manner as the Administrative Agent or any Lender shall determine in its reasonable discretion; then neither the Administrative Agent nor any Lender shall incur any liability to the Guarantor as a result thereof, and no such action shall impair or release the obligations of the Guarantor under this Guaranty.the

Appears in 1 contract

Samples: Interconnection Agreement (Knology Holdings Inc /Ga)

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Modification of Loan Documents, etc. If the Administrative Agent or the Lenders shall at any time or from time to time, with or without the consent of, or notice to, the 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, in 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 performance by the Guarantor, any such 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 (other than this Guaranty), or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance, (e) take and hold security or collateral for the payment of the Guaranteed Obligations 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 Debt of the Guarantor or any such Borrower to any the Administrative Agent or the Lenders, (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantor or any such Borrower to any 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 the Guarantor or any such Borrower are subordinated to the claims of any the Administrative Agent or any Lender or (h) apply any sums by whomever paid or however realized to any amounts owing by the Guarantor or any such Borrower to any the Administrative Agent or any Lender on account of the Obligations in such manner as the Administrative Agent or any Lender shall determine in its reasonable discretion; then neither the Administrative Agent nor any Lender shall incur any liability to the Guarantor as a result thereof, and no such action shall impair or release the obligations of the Guarantor under this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Knology Inc)

Modification of Loan Documents, etc. If the Administrative Agent or the Lenders shall at any time or from time to time, with or without the consent of, or notice to, the Guarantor Guarant or (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Guaranteed ObligationsObliga tions, (b) take any action under or in respect of the Loan Documents Docu ments in the exercise of any remedy, power or privilege contained therein or available to it at law, in 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 performance by the Guarantor, any such 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 (other than this Guaranty), or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance, (e) take and hold security or collateral for the payment of the Guaranteed Obligations 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 Debt of the Guarantor or any such Borrower to any Agent or the Lenders, (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantor or any such Borrower to any Agent or Lender, (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of the Guarantor or any such Borrower are subordinated to the claims of any Agent or Lender or (h) apply any sums by whomever paid or however realized to any amounts owing by the Guarantor or any such Borrower to any Agent or Lender on account of the Obligations in such manner as the Administrative Agent or any Lender shall determine in its reasonable discretion; then neither the Administrative Agent nor any Lender shall incur any liability to the Guarantor as a result thereof, and no such action shall impair or release the obligations of the Guarantor under this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Breed Technologies Inc)

Modification of Loan Documents, etc. If the Administrative Agent or the Lenders shall at any time or from time to time, with or without the consent of, or notice to, the Guarantor Parent 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, in 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 performance by the any Parent Guarantor, any such Subsidiary Guarantor, any other guarantor, any 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 (other than this Guaranty), or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance, (e) take and hold security or collateral for the payment of the Guaranteed Obligations 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 any Lender has been granted a Lien, to secure any Debt Indebtedness of the Guarantor any Parent Guarantor, any Subsidiary Guarantor, any other guarantor or any such Borrower to any the Administrative Agent or the Lendersany Lender, (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantor any Parent Guarantor, any Subsidiary Guarantor, any other guarantor or any such Borrower to any 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 the Guarantor any Parent Guarantor, any Subsidiary Guarantor, any other guarantor or any such Borrower are subordinated to the claims of any the Administrative Agent or any Lender or (h) apply any sums by whomever paid or however realized to any amounts Guaranteed Obligations owing by the Guarantor any Parent Guarantor, any Subsidiary Guarantor, any other guarantor or any such Borrower to any the Administrative Agent or any Lender on account of the Obligations in such manner as the Administrative Agent or any Lender shall determine in its reasonable discretion; then neither the Administrative Agent nor any Lender shall incur any liability to the any Parent Guarantor as a result thereof, and no such action shall impair or release the obligations of the any Parent Guarantor under this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (PRA International)

Modification of Loan Documents, etc. If the Administrative Agent or the Lenders shall at any time or from time to time, with or without the consent of, or notice to, the Guarantor US Borrower (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the IKON 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, in 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 performance by the GuarantorUS Borrower, any such other guarantor, the UK 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 (other than this US Borrower Guaranty), or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance, (e) take and hold security or collateral for the payment of the IKON Guaranteed Obligations 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 any Lender has been granted a Lien, to secure any Debt Indebtedness of the Guarantor US Borrower, any other guarantor or the UK Borrower to the Administrative Agent or any such Borrower to any Agent or the LendersLender, (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantor US Borrower, any other guarantor or the UK Borrower to the Administrative Agent or any such Borrower to any Agent or Lender, (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of the Guarantor US Borrower, any other guarantor or any such the UK Borrower are subordinated to the claims of any the Administrative Agent or any Lender or (h) apply any sums by whomever paid or however realized to any amounts IKON Guaranteed Obligations owing by the Guarantor US Borrower, any other guarantor or the UK Borrower to the Administrative Agent or any such Borrower to any Agent or Lender on account of the Obligations in such manner as the Administrative Agent or any Lender shall determine in its reasonable discretion; then neither the Administrative Agent nor any Lender shall incur any liability to the Guarantor US Borrower as a result thereof, and no such action shall impair or release the obligations of the Guarantor US Borrower under this US Borrower Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Ikon Office Solutions Inc)

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