Common use of Modification of Obligations Clause in Contracts

Modification of Obligations. Company’s liability hereunder shall not be reduced, limited, impaired, discharged or terminated if Secured Party at any time, without notice to or demand of Company (unless specifically required by the Transaction Documents): (a) renews, extends, accelerates, or otherwise changes the time, place, manner or terms, or otherwise modifies any of the Obligations (including any payment terms); (b) extends or waives the time for Company’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Transaction Documents, or waives such performance or compliance or consents to a failure of, or departure from, such performance or compliance; (c) settles, compromises, releases or discharges, or accepts or refuses any offer of performance with respect to, or substitutions for, any of the Obligations or any agreement relating thereto and/or subordinates the payment of the same to the payment of any other obligations; (d) requests and accepts other guaranties of any of the Obligations and takes and holds security for the payment hereof or any of the Obligations; (e) releases, surrenders, exchanges, substitutes, compromises, settles, rescinds, waives, alters, subordinates or modifies, with or without consideration, any security for payment of any of the Obligations, any other guaranties of any of the Obligations, or any other obligation of any third party with respect to any of the Obligations; (f) to the extent permitted by law, enforces and applies any security, if any, now or hereafter held by or for the benefit of Secured Party in respect hereof or any of the Obligations and directs the order or manner of sale thereof, or exercises any other right or remedy that Secured Party may have against any such security, in each case as Secured Party in its discretion may determine, including foreclosure on any collateral pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonable; or (g) exercises any other rights available to it under any of the Transaction Documents, at law or in equity.

Modification of Obligations. CompanySutura’s liability hereunder shall not be reduced, limited, impaired, discharged or terminated if Secured Party Parties at any timetime with Sutura’s consent (or, to the extent permissible by the terms of the Loan Documents and law, without notice to or demand of Company (unless specifically required by the Transaction DocumentsSutura): (a) renewsrenew, extendsextend, acceleratesaccelerate, increase the rate of interest on, or otherwise changes change the time, place, manner or terms, or otherwise modifies any of the Obligations (including any payment terms); (b) extends extend or waives waive the time for CompanySutura’s performance of, or compliance with, any term, covenant or agreement on its their part to be performed or observed under the Transaction Loan Documents, or waives waive such performance or compliance or consents consent to a failure of, or departure from, such performance or compliance; (c) settlessettle, compromisescompromise, releases release or dischargesdischarge, or accepts accept or refuses refuse any offer of performance with respect to, or substitutions for, any of the Obligations or any agreement relating thereto and/or subordinates subordinate the payment of the same to the payment of any other obligations; (d) requests request and accepts accept other guaranties of any of the Obligations and takes take and holds hold security for the payment hereof or any of the Obligations; (e) releasesrelease, surrenderssurrender, exchangesexchange, substitutessubstitute, compromisescompromise, settlessettle, rescindsrescind, waiveswaive, altersalter, subordinates subordinate or modifiesmodify, with or without consideration, any security for payment of any of the Obligations, any other guaranties of any of the Obligations, or any other obligation of any third party with respect to any of the Obligations; (f) to the extent permitted by law, enforces enforce and applies apply any security, if any, now or hereafter held by or for the benefit of each Secured Party in respect hereof or any of the Obligations and directs direct the order or manner of sale thereof, or exercises exercise any other right or remedy that each Secured Party may have against any such security, in each case as each Secured Party in its discretion may determine, including foreclosure on any collateral pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonable; or (g) exercises exercise any other rights available to it them under any of the Transaction Loan Documents, at law or in equity.

Modification of Obligations. Company’s 's liability hereunder shall not be reduced, limited, impaired, discharged or terminated if Secured Party at any time, without notice to or demand of Company (unless specifically required by the Transaction Documents): (a) renews, extends, accelerates, or otherwise changes the time, place, manner or terms, or otherwise modifies any of the Obligations (including any payment terms); (b) extends or waives the time for Company’s 's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Transaction Documents, or waives such performance or compliance or consents to a failure of, or departure from, such performance or compliance; (c) settles, compromises, releases or discharges, or accepts or refuses any offer of performance with respect to, or substitutions for, any of the Obligations or any agreement relating thereto and/or subordinates the payment of the same to the payment of any other obligations; (d) requests and accepts other guaranties of any of the Obligations and takes and holds security for the payment hereof or any of the Obligations; (e) releases, surrenders, exchanges, substitutes, compromises, settles, rescinds, waives, alters, subordinates or modifies, with or without consideration, any security for payment of any of the Obligations, any other guaranties of any of the Obligations, or any other obligation of any third party with respect to any of the Obligations; (f) to the extent permitted by law, enforces and applies any security, if any, now or hereafter held by or for the benefit of Secured Party in respect hereof or any of the Obligations and directs the order or manner of sale thereof, or exercises any other right or remedy that Secured Party may have against any such security, in each case as Secured Party in its discretion may determine, including foreclosure on any collateral pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonable; or (g) exercises any other rights available to it under any of the Transaction Documents, at law or in equity.

Modification of Obligations. Company’s The liability of Ventures or Equitex hereunder shall not be reduced, limited, impaired, discharged or terminated terminated, if Secured Party Parties at any timetime with Equitex's or Venture's consent (or, to the extent permissible by the terms of the Notes and law, without notice to or demand of Company (unless specifically required by the Transaction DocumentsVentures or Equitex): (a) renewsrenew, extendsextend, acceleratesaccelerate, increase the rate of interest on, or otherwise changes change the time, place, manner or terms, or otherwise modifies any of the Obligations (including any payment terms); (b) extends extend or waives waive the time for Company’s Equitex's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Transaction DocumentsNotes or any agreement to which Equitex and either or both of the Secured Parties are a party (an "Equitex Agreement"), or waives waive such performance or compliance or consents consent to a failure of, or departure from, such performance or compliance; (c) settlessettle, compromisescompromise, releases release or dischargesdischarge, or accepts accept or refuses refuse any offer of performance with respect to, or substitutions for, any of the Obligations or any agreement relating thereto and/or subordinates subordinate the payment of the same to the payment of any other obligations; (d) requests request and accepts accept other guaranties of any of the Obligations and takes take and holds hold security for the payment hereof or any of the Obligations; (e) releasesrelease, surrenderssurrender, exchangesexchange, substitutessubstitute, compromisescompromise, settlessettle, rescindsrescind, waiveswaive, altersalter, subordinates subordinate or modifiesmodify, with or without consideration, any security for payment of any of the Obligations, any other guaranties of any of the Obligations, or any other obligation of any third party with respect to any of the Obligations; (f) to the extent permitted by law, enforces enforce and applies apply any security, if any, now or hereafter held by or for the benefit of Secured Party Parties in respect hereof or any of the Obligations and directs direct the order or manner of sale thereof, or exercises exercise any other right or remedy that Secured Party Parties may have against any such security, in each case as Secured Party Parties in its their discretion may determine, including foreclosure on any collateral pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonable; or (g) exercises exercise any other rights available to it them under the Notes or any of the Transaction Documents, Equitex Agreement at law or in equity.

Modification of Obligations. Company’s Chex's liability hereunder shall not be reduced, limited, impaired, discharged or terminated if Secured Party Equitex at any timetime with Chex's consent (or, to the extent permissible by the terms of the Loan Documents and law, without notice to or demand of Company (unless specifically required by the Transaction DocumentsChex): (a) renews, extends, accelerates, increases the rate of interest on, or otherwise changes the time, place, manner or terms, or otherwise modifies any of the Obligations (including any payment terms); (b) extends or waives the time for Company’s Chex's performance of, or compliance with, any term, covenant or agreement on its their part to be performed or observed under the Transaction Loan Documents, or waives such performance or compliance or consents consent to a failure of, or departure from, such performance or compliance; (c) settles, compromises, releases or discharges, or accepts or refuses any offer of performance with respect to, or substitutions for, any of the Obligations or any agreement relating thereto and/or subordinates subordinate the payment of the same to the payment of any other obligations; (d) requests and accepts other guaranties of any of the Obligations and takes and holds security for the payment hereof or any of the Obligations; (e) releases, surrenders, exchanges, substitutes, compromises, settles, rescinds, waives, alters, subordinates or modifies, with or without consideration, any security for payment of any of the Obligations, any other guaranties of any of the Obligations, or any other obligation of any third party with respect to any of the Obligations; (f) to the extent permitted by law, enforces and applies any security, if any, now or hereafter held by or for the benefit of Secured Party Equitex in respect hereof or any of the Obligations and directs the order or manner of sale thereof, or exercises any other right or remedy that Secured Party Equitex may have against any such security, in each case as Secured Party Equitex in its discretion may determine, including foreclosure on any collateral pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonable; or (g) exercises any other rights available to it under any of the Transaction Loan Documents, at law or in equity.

Modification of Obligations. Company’s Chex's liability hereunder shall not be reduced, limited, impaired, discharged or terminated if Secured Party Parties at any timetime with Chex's consent (or, to the extent permissible by the terms of the Loan Documents and law, without notice to or demand of Company (unless specifically required by the Transaction DocumentsChex): (a) renewsrenew, extendsextend, acceleratesaccelerate, increase the rate of interest on, or otherwise changes change the time, place, manner or terms, or otherwise modifies any of the Obligations (including any payment terms); (b) extends extend or waives waive the time for Company’s Chex's performance of, or compliance with, any term, covenant or agreement on its their part to be performed or observed under the Transaction Loan Documents, or waives waive such performance or compliance or consents consent to a failure of, or departure from, such performance or compliance; (c) settlessettle, compromisescompromise, releases release or dischargesdischarge, or accepts accept or refuses refuse any offer of performance with respect to, or substitutions for, any of the Obligations or any agreement relating thereto and/or subordinates subordinate the payment of the same to the payment of any other obligations; (d) requests request and accepts accept other guaranties of any of the Obligations and takes take and holds hold security for the payment hereof or any of the Obligations; (e) releasesrelease, surrenderssurrender, exchangesexchange, substitutessubstitute, compromisescompromise, settlessettle, rescindsrescind, waiveswaive, altersalter, subordinates subordinate or modifiesmodify, with or without consideration, any security for payment of any of the Obligations, any other guaranties of any of the Obligations, or any other obligation of any third party with respect to any of the Obligations; (f) to the extent permitted by law, enforces enforce and applies apply any security, if any, now or hereafter held by or for the benefit of Secured Party Parties in respect hereof or any of the Obligations and directs direct the order or manner of sale thereof, or exercises exercise any other right or remedy that Secured Party Parties may have against any such security, in each case as Secured Party Parties in its their discretion may determine, including foreclosure on any collateral pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonable; or (g) exercises exercise any other rights available to it them under any of the Transaction Loan Documents, at law or in equity.

Modification of Obligations. Company’s liability hereunder If Lender shall not be reduced, limited, impaired, discharged or terminated if Secured Party at any time or from time to time, with or without the consent of, or notice to or demand of Company (unless specifically required by to, the Transaction Documents): Guarantor: (a) renewschange or extend the manner, extends, acceleratesplace or terms of payment of, or otherwise changes renew or alter all or any portion of, the time, place, manner or terms, or otherwise modifies any of the Obligations (including any payment terms); Guaranteed Obligation; (b) extends take any action under or waives in respect of the Partnership Agreement 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 Partnership Agreement; (d) extend or waive the time for Company’s the Guarantor's or any other Person's performance of, or compliance with, any term, covenant or agreement on its the Guarantor's or any other Person's part to be performed or observed under the Transaction DocumentsPartnership Agreement, or waives waive such performance or compliance or consents consent to a failure of, or departure from, such performance or compliance; ; (ce) settles, compromises, releases take and hold security or discharges, or accepts or refuses any offer of performance with respect to, or substitutions for, any of the Obligations or any agreement relating thereto and/or subordinates collateral for the payment of the same Guaranteed Obligation, or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Lender has been granted a Lien, to secure any indebtedness of the Guarantor or the Partnership to Lender; (f) release or limit the liability of anyone who may be liable in any manner for the payment of any other obligations; (d) requests and accepts other guaranties of any of amounts owed by the Obligations and takes and holds security for Guarantor or the payment hereof or any of the Obligations; (e) releases, surrenders, exchanges, substitutes, compromises, settles, rescinds, waives, alters, subordinates or modifies, with or without consideration, any security for payment of any of the Obligations, any other guaranties of any of the Obligations, or any other obligation of any third party with respect Partnership to any of the Obligations; (f) to the extent permitted by law, enforces and applies any security, if any, now or hereafter held by or for the benefit of Secured Party in respect hereof or any of the Obligations and directs the order or manner of sale thereof, or exercises any other right or remedy that Secured Party may have against any such security, in each case as Secured Party in its discretion may determine, including foreclosure on any collateral pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonableLender; or (g) exercises modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other rights available to it under any creditors of the Transaction Documents, at law Guarantor or the Partnership are subordinated to the claims of Lender; and/or (h) apply any sums by whomever paid or however realized to any amounts owing by the Guarantor or the Partnership to Lender in equitysuch manner as Lender shall determine in its discretion; then Lender shall not incur any liability to the Guarantor pursuant hereto as a result thereof and no such action shall impair or otherwise affect or release the obligations of the Guarantor under this Guaranty.

Modification of Obligations. CompanyWits Basin’s liability hereunder shall not be reduced, limited, impaired, discharged or terminated if Secured Party at any timetime with Wits Basin’s consent (or, to the extent permissible by the terms of the Loan Documents and law, without notice to or demand of Company (unless specifically required by the Transaction DocumentsWits Basin): (a) renews, extends, accelerates, increases the rate of interest on, or otherwise changes the time, place, manner or terms, or otherwise modifies any of the Obligations (including any payment terms); (b) extends or waives the time for CompanyWits Basin’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Transaction Loan Documents, or waives such performance or compliance or consents to a failure of, or departure from, such performance or compliance; (c) settles, compromises, releases or discharges, or accepts or refuses any offer of performance with respect to, or substitutions for, any of the Obligations or any agreement relating thereto and/or subordinates the payment of the same to the payment of any other obligations; (d) requests and accepts other guaranties of any of the Obligations and takes and holds security for the payment hereof or any of the Obligations; (e) releases, surrenders, exchanges, substitutes, compromises, settles, rescinds, waives, alters, subordinates or modifies, with or without consideration, any security for payment of any of the Obligations, any other guaranties of any of the Obligations, or any other obligation of any third party with respect to any of the Obligations; (f) to the extent permitted by law, enforces and applies any security, if any, now or hereafter held by or for the benefit of Secured Party in respect hereof or any of the Obligations and directs the order or manner of sale thereof, or exercises any other right or remedy that Secured Party may have against any such security, in each case as Secured Party in its discretion may determine, including foreclosure on any collateral pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonable; or (g) exercises any other rights available to it under any of the Transaction Loan Documents, at law or in equity.

Modification of Obligations. Company’s El Capitan's liability hereunder shall not be reduced, limited, impaired, discharged or terminated if Secured Party at any timetime with El Capitan's consent (or, to the extent permissible by the terms of the Loan Documents and law, without notice to or demand of Company (unless specifically required by the Transaction DocumentsEl Capitan): (a) renews, extends, accelerates, increases the rate of interest on, or otherwise changes the time, place, manner or terms, or otherwise modifies any of the Obligations (including any payment terms); (b) extends or waives the time for Company’s El Capitan's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Transaction Loan Documents, or waives such performance or compliance or consents to a failure of, or departure from, such performance or compliance; (c) settles, compromises, releases or discharges, or accepts or refuses any offer of performance with respect to, or substitutions for, any of the Obligations or any agreement relating thereto and/or subordinates the payment of the same to the payment of any other obligations; (d) requests and accepts other guaranties of any of the Obligations and takes and holds security for the payment hereof or any of the Obligations; (e) releases, surrenders, exchanges, substitutes, compromises, settles, rescinds, waives, alters, subordinates or modifies, with or without consideration, any security for payment of any of the Obligations, any other guaranties of any of the Obligations, or any other obligation of any third party with respect to any of the Obligations; (f) to the extent permitted by law, enforces and applies any security, if any, now or hereafter held by or for the benefit of Secured Party in respect hereof or any of the Obligations and directs the order or manner of sale thereof, or exercises any other right or remedy that Secured Party may have against any such security, in each case as Secured Party in its discretion may determine, including foreclosure on any collateral pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonable; or (g) exercises any other rights available to it under any of the Transaction Loan Documents, at law or in equity.

Modification of Obligations. CompanyPledgor’s liability hereunder shall not be reduced, limited, impaired, discharged or terminated if Secured Party Pledgee at any timetime with Pledgor’s consent (or, to the extent permissible by the terms of the Loan Documents and law, without notice to or demand of Company (unless specifically required by the Transaction DocumentsPledgor): (a) renews, extends, accelerates, increases the rate of interest on, or otherwise changes the time, place, manner or terms, or otherwise modifies any of the Obligations (including any payment terms); (b) extends or waives the time for CompanyPledgor’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Transaction Loan Documents, or waives such performance or compliance or consents consent to a failure of, or departure from, such performance or compliance; (c) settles, compromises, releases or discharges, or accepts or refuses any offer of performance with respect to, or substitutions for, any of the Obligations or any agreement relating thereto and/or subordinates the payment of the same to the payment of any other obligations; (d) requests and accepts other guaranties of any of the Obligations and takes and holds security for the payment hereof or any of the Obligations; (e) releases, surrenders, exchanges, substitutes, compromises, settles, rescinds, waives, alters, subordinates or modifies, with or without consideration, any security for payment of any of the Obligations, any other guaranties of any of the Obligations, or any other obligation of any third party with respect to any of the Obligations, including the Mxxxx Guaranty; (f) to the extent permitted by law, enforces and applies any security, if any, now or hereafter held by or for the benefit of Secured Party Pledgee in respect hereof or any of the Obligations and directs the order or manner of sale thereof, or exercises any other right or remedy that Secured Party Pledgee may have against any such security, in each case as Secured Party Pledgee in its discretion may determine, including foreclosure on any collateral pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonable; or (g) exercises exercise any other rights available to it under any of the Transaction Loan Documents, at law or in equity.

Modification of Obligations. Company’s liability hereunder If the Collateral Agent, the Trustee or the Holders shall not be reduced, limited, impaired, discharged or terminated if Secured Party at any time or from time to time, with or without the consent of, or notice to or demand of Company (unless specifically required by to, the Transaction Documents):Pledgor: (a) renewschange or extend the manner, extends, acceleratesplace or terms of payment of, or otherwise changes renew or alter all or any portion of, the time, place, manner or terms, or otherwise modifies any of the Obligations (including any payment terms)Obligations; (b) extends take any action under or waives in respect of the Indenture, the Debentures or the other agreements, documents and instruments related thereto in the exercise of any remedy, power or privilege contained therein or available at law, equity or otherwise, or waive or refrain from exercising any such remedies, power or privileges; (c) amend or modify, in any manner whatsoever, the Indenture, the Debentures or the other agreements, documents and instruments related thereto; (d) extend or waive the time for Companythe Pledgor’s or any other Person’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Transaction DocumentsIndenture, the Debentures or the other agreements, documents and instruments related thereto, or waives waive such performance or compliance or consents consent to a failure of, or departure from, such performance or compliance; (ce) settles, compromises, releases take and hold security or discharges, or accepts or refuses any offer of performance with respect to, or substitutions for, any of the Obligations or any agreement relating thereto and/or subordinates the payment of the same to the payment of any other obligations; (d) requests and accepts other guaranties of any of the Obligations and takes and holds security collateral for the payment hereof or any of the Obligations; (e) releases, surrenders, exchanges, substitutes, compromises, settles, rescinds, waives, alters, subordinates or modifies, with or without consideration, any security for payment of any of the Obligations, any other guaranties of any of the Obligations, or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which the Collateral Agent has been granted a lien, to secure any indebtedness of the Pledgor, the Guarantor or any other obligation of any third Person party with respect to any of the ObligationsIndenture, the Debentures or the other agreements, documents and instruments related thereto to the Collateral Agent; (f) release or limit the liability of anyone who may be liable in any manner for the payment of any amounts owed by the Pledgor, the Guarantor or any other Person party to the extent permitted by lawIndenture, enforces the Debentures or the other agreements, documents and applies instruments related thereto to Collateral Agent; (g) modify or terminate the terms of any securityintercreditor or subordination agreement pursuant to which claims of other creditors of the Pledgor, if any, now or hereafter held by or for the benefit of Secured Party in respect hereof Guarantor or any other Person party to the Indenture, the Debentures or the other agreements, documents and instruments related thereto are subordinated to the claims of the Obligations and directs the order or manner of sale thereof, or exercises any other right or remedy that Secured Party may have against any such security, in each case as Secured Party in its discretion may determine, including foreclosure on any collateral pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonableCollateral Agent; or (gh) exercises apply any sums by whomever paid or however realized to any amounts owing by the Pledgor, the Guarantor or any other rights available Person party to it under the Indenture, the Debentures or the other agreements, documents and instruments related thereto to the Collateral Agent in such manner as the Collateral Agent shall determine in its discretion; then, subject to Section 6.8, neither the Collateral Agent nor the Trustee or any Holder shall incur any liability to the Pledgor pursuant hereto as a result thereof and no such action shall impair or release the obligations of the Transaction Documents, at law or in equityPledgor under this Agreement.

Modification of Obligations. Company’s Equitex's liability hereunder shall not be reduced, limited, impaired, discharged or terminated if Secured Party Parties at any timetime with Equitex's consent (or, to the extent permissible by the terms of the Loan Documents and law, without notice to or demand of Company (unless specifically required by the Transaction DocumentsEquitex): (a) renewsrenew, extendsextend, acceleratesaccelerate, increase the rate of interest on, or otherwise changes change the time, place, manner or terms, or otherwise modifies any of the Obligations (including any payment terms); (b) extends extend or waives waive the time for Company’s Equitex's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Transaction Loan Documents, or waives waive such performance or compliance or consents consent to a failure of, or departure from, such performance or compliance; (c) settlessettle, compromisescompromise, releases release or dischargesdischarge, or accepts accept or refuses refuse any offer of performance with respect to, or substitutions for, any of the Obligations or any agreement relating thereto and/or subordinates subordinate the payment of the same to the payment of any other obligations; (d) requests request and accepts accept other guaranties of any of the Obligations and takes take and holds hold security for the payment hereof or any of the Obligations; (e) releasesrelease, surrenderssurrender, exchangesexchange, substitutessubstitute, compromisescompromise, settlessettle, rescindsrescind, waiveswaive, altersalter, subordinates subordinate or modifiesmodify, with or without consideration, any security for payment of any of the Obligations, any other guaranties of any of the Obligations, or any other obligation of any third party with respect to any of the Obligations; (f) to the extent permitted by law, enforces enforce and applies apply any security, if any, now or hereafter held by or for the benefit of Secured Party Parties in respect hereof or any of the Obligations and directs direct the order or manner of sale thereof, or exercises exercise any other right or remedy that Secured Party Parties may have against any such security, in each case as Secured Party Parties in its their discretion may determine, including foreclosure on any collateral pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonable; or (g) exercises exercise any other rights available to it them under any of the Transaction Loan Documents, at law or in equity.

Modification of Obligations. Company’s liability hereunder If the Guaranteed Parties shall not be reduced, limited, impaired, discharged or terminated if Secured Party at any time or from time to time, with or without the consent of, or notice to or demand of Company (unless specifically required by to, the Transaction Documents):Guarantor: (a) renewschange or extend the manner, extends, acceleratesplace or terms of payment of, or otherwise changes renew or alter all or any portion of, the time, place, manner or terms, or otherwise modifies any of the Obligations (including any payment terms)Obligations; (b) extends take any action under or waives in respect of the Credit 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 Credit Documents; (d) extend or waive the time for Companyand of the Guarantor’s, any Loan Party’s or any other Person’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Transaction Credit Documents, or waives waive such performance or compliance or consents consent to a failure of, or departure from, such performance or compliance; (ce) settles, compromises, releases take and hold security or discharges, or accepts or refuses any offer of performance with respect to, or substitutions for, any of the Obligations or any agreement relating thereto and/or subordinates the payment of the same to the payment of any other obligations; (d) requests and accepts other guaranties of any of the Obligations and takes and holds security collateral for the payment hereof or any of the Obligations; (e) releases, surrenders, exchanges, substitutes, compromises, settles, rescinds, waives, alters, subordinates or modifies, with or without consideration, any security for payment of any of the Obligations, any other guaranties of any of the Obligations, or sell, exchange, release, dispose of, or otherwise deal with, any other obligation of property pledged, mortgaged or conveyed, or in which the Guaranteed Parties have been granted a Lien, to secure any third party with respect to any indebtedness of the ObligationsGuarantor or the Loan Parties to the Guaranteed Parties; (f) release or limit the liability of anyone who may be liable in any manner for the payment of any amounts owed by the Guarantor or the Loan Parties to the extent permitted by law, enforces and applies Guaranteed Parties; (g) modify or terminate the terms of any security, if any, now intercreditor or hereafter held by or for the benefit subordination agreement pursuant to which claims of Secured Party in respect hereof or any other creditors of the Obligations and directs Guarantor or the order or manner Loan Parties are subordinated to the claims of sale thereof, or exercises any other right or remedy that Secured Party may have against any such security, in each case as Secured Party in its discretion may determine, including foreclosure on any collateral pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonablethe Guaranteed Parties; or (gh) exercises apply any other rights available sums by whomever paid or however realized to it under any amounts owing by the Guarantor or the Loan Parties to the Guaranteed Parties in such manner as the Guaranteed Parties shall determine in their discretion; then the Guaranteed Parties shall not incur any liability to the Guarantor pursuant hereto as a result thereof and no such action shall impair or otherwise affect or release the obligations of the Transaction Documents, at law or in equityGuarantor under this Guarantee.

Modification of Obligations. Company’s liability hereunder shall not be reduced, limited, impaired, discharged or terminated if Secured Party at any time, without notice to or demand of Company (unless specifically required by the Transaction DocumentsDocuments or reflected in amendments to the Transaction Documents of a nature required to be executed by the Secured Party and the Company): (a) renews, extends, accelerates, or otherwise changes the time, place, manner or terms, or otherwise modifies any of the Obligations (including any payment terms); (b) extends or waives the time for Company’s performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Transaction Documents, or waives such performance or compliance or consents to a failure of, or departure from, such performance or compliance; (c) settles, compromises, releases or discharges, or accepts or refuses any offer of performance with respect to, or substitutions for, any of the Obligations or any agreement relating thereto and/or subordinates the payment of the same to the payment of any other obligations; (d) requests and accepts other guaranties of any of the Obligations and takes and holds security for the payment hereof or any of the Obligations; (e) releases, surrenders, exchanges, substitutes, compromises, settles, rescinds, waives, alters, subordinates or modifies, with or without consideration, any security for payment of any of the Obligations, any other guaranties of any of the Obligations, or any other obligation of any third party with respect to any of the Obligations; (f) to the extent permitted by law, enforces and applies any security, if any, now or hereafter held by or for the benefit of Secured Party in respect hereof or any of the Obligations and directs the order or manner of sale thereof, or exercises any other right or remedy that Secured Party may have against any such security, in each case as Secured Party in its discretion may determine, including foreclosure on any collateral pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonable; or (g) exercises any other rights available to it under any of the Transaction Documents, at law or in equity.

Modification of Obligations. The Company’s liability hereunder shall not be reduced, limited, impaired, discharged or terminated if Secured Party Parties at any timetime with the Company’s consent (or, to the extent permissible by the terms of the Loan Documents and law, without notice to or demand of Company (unless specifically required by the Transaction DocumentsCompany): (a) renewsrenew, extendsextend, acceleratesaccelerate, increase the rate of interest on, or otherwise changes change the time, place, manner or terms, or otherwise modifies any of the Obligations (including any payment terms); (b) extends extend or waives waive the time for the Company’s performance of, or compliance with, any term, covenant or agreement on its their part to be performed or observed under the Transaction Loan Documents, or waives waive such performance or compliance or consents consent to a failure of, or departure from, such performance or compliance; (c) settlessettle, compromisescompromise, releases release or dischargesdischarge, or accepts accept or refuses refuse any offer of performance with respect to, or substitutions for, any of the Obligations or any agreement relating thereto and/or subordinates subordinate the payment of the same to the payment of any other obligations; (d) requests request and accepts accept other guaranties of any of the Obligations and takes take and holds hold security for the payment hereof or any of the Obligations; (e) releasesrelease, surrenderssurrender, exchangesexchange, substitutessubstitute, compromisescompromise, settlessettle, rescindsrescind, waiveswaive, altersalter, subordinates subordinate or modifiesmodify, with or without consideration, any security for payment of any of the Obligations, any other guaranties of any of the Obligations, or any other obligation of any third party with respect to any of the Obligations; (f) to the extent permitted by law, enforces enforce and applies apply any security, if any, now or hereafter held by or for the benefit of each Secured Party in respect hereof or any of the Obligations and directs direct the order or manner of sale thereof, or exercises exercise any other right or remedy that each Secured Party may have against any such security, in each case as each Secured Party in its discretion may determine, including foreclosure on any collateral pursuant to one or more judicial or nonjudicial sales, whether or not every aspect of any such sale is commercially reasonable; or (g) exercises exercise any other rights available to it them under any of the Transaction Loan Documents, at law or in equity.