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

Modification of Loan Documents, etc. If the Bank shall at any time or from time to time, with or without the consent of, or notice to, the 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 Guarantors, 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 the 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 Bank has been granted a lien, to secure any Indebtedness of the Guarantors or Borrower to the Bank, (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantors or Borrower to the Bank, (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of the Guarantors or Borrower are subordinated to the claims of the Bank or (h) apply any sums by whomever paid or however realized to any amounts owing by the Guarantors or Borrower to the Bank on account of the obligations under this Agreement and the Note in such manner as the Bank shall determine in its reasonable discretion; then the Bank shall not incur any liability to the Guarantors as a result thereof, and no such action shall impair or release the obligations of the Guarantors under this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Commscope Inc)

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Modification of Loan Documents, etc. If the Bank Agent or the Lenders shall at any time or from time to time, with or without the consent of, or notice to, the Guarantors 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 GuarantorsGuarantor, 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 (other than the 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 Bank has Agent or the Lenders have been granted a lienLien, to secure any Indebtedness Debt of the Guarantors Guarantor or the Borrower to the BankAgent or the Lenders, (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantors Guarantor or the Borrower to the BankAgent or any Lender, (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of the Guarantors Guarantor or the Borrower are subordinated to the claims of the Bank Agent or any Lender or (h) apply any sums by whomever paid or however realized to any amounts owing by the Guarantors Guarantor or the Borrower to the Bank Agent or any Lender on account of the obligations under this Agreement and the Note Obligations in such manner as the Bank Agent or any Lender shall determine in its reasonable discretion; , then neither the Bank Agent nor any Lender shall not incur any liability to the Guarantors Guarantor as a result thereof, and no such action shall impair or release the obligations of the Guarantors Guarantor under this Guaranty.

Appears in 1 contract

Samples: Loan Agreement (Sirrom Investments Inc)

Modification of Loan Documents, etc. If the Bank GMAC shall at any time or from time to time, with or without the consent of, or notice to, the Guarantors 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 Guarantorsany of Guarantor’s, Borrower any Borrower’s or any other Person person’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under a the Loan Document (other than the Guaranty)Documents, 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 guaranteed hereby or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which the Bank GMAC has been granted a lien, to secure any Indebtedness indebtedness of the Guarantors Guarantor or any Borrower to the Bank, GMAC; (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantors Guarantor or any Borrower to the Bank, GMAC; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of the Guarantors Guarantor or any Borrower are subordinated to the claims of the Bank or GMAC; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by the Guarantors Guarantor or any Borrower to the Bank on account of the obligations under this Agreement and the Note GMAC in such manner as the Bank GMAC shall determine in its reasonable discretion; then the Bank GMAC shall not incur any liability to the Guarantors Guarantor pursuant hereto as a result thereof, and no such action shall impair or release the obligations of the Guarantors under this GuarantyGuarantor’s Obligations.

Appears in 1 contract

Samples: Construction Credit Agreement (Capital Automotive Reit)

Modification of Loan Documents, etc. If the Bank shall Lender shall, in compliance with the terms and conditions of this Agreement, at any time or from time to time, with or without the consent of, or notice to, the 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 GuarantorsDomestic Borrower, the German 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 the 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 Bank Lender has been granted a lien, to secure any Indebtedness indebtedness of the Guarantors Domestic Borrower or the German Borrower to the Bank, Lender; (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantors Domestic Borrower or the German Borrower to the Bank, Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of the Guarantors Domestic Borrower or the German Borrower are subordinated to the claims of the Bank or Lender; or (h) apply any sums by whomever paid or however realized to any amounts owing by the Guarantors Domestic Borrower or the German Borrower to the Bank Lender on account of the obligations under this Agreement and the Note Obligations in such manner as the Bank Lender shall determine in its reasonable discretion; then the Bank Lender shall not incur any liability to the Guarantors Domestic Borrower as a result thereof, and no such action shall impair or release the obligations of the Guarantors Domestic Borrower under this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Kaman Corp)

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Modification of Loan Documents, etc. If the Bank SBA shall at any time or from time to time, with or without the consent of, or notice to, the Guarantors 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 GuarantorsGuarantor, the Borrower or any other Person person of, or compliance with, any term, covenant or agreement on its part to be performed or observed under a Loan Document (other than the 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 Bank SBA has been granted a lien, to secure any Indebtedness debt of the Guarantors Guarantor or the Borrower to the BankSBA, (f) release anyone who may be liable in any manner for the payment of any amounts owed by the Guarantors liable in any manner for the payment of any amounts owed by the Guarantor or the Borrower to the BankSBA, (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of the Guarantors Guarantor or the Borrower are subordinated to the claims of the Bank SBA or (h) apply any sums by whomever paid or however realized to any amounts owing by the Guarantors Guarantor or the Borrower to the Bank SBA on account of the obligations under this Agreement and the Note Obligations in such manner as the Bank SBA shall determine in its reasonable discretion; , then the Bank SBA shall not incur any liability to the Guarantors Guarantor as a result thereof, and no such action shall impair or release the obligations of the Guarantors Guarantor under this Guaranty.

Appears in 1 contract

Samples: Guaranty Agreement (Sirrom Capital Corp)

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