Common use of Modification of Obligations Clause in Contracts

Modification of Obligations. If Lender shall at any time or from time to time, with or without the consent of, or notice to, the Pledgor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Obligations; (b) take any action under or in respect of the Financing Documents 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 Financing Documents; (d) extend or waive the time for Pledgor’s, Pledged Company’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 Financing 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 Obligations, 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 Pledgor, Pledged Company or any other Person party to a Financing Document to Lender; (f) release or limit the liability of anyone who may be liable in any manner for the payment of any amounts owed by Pledgor, Pledged Company or any other Person party to a Financing Document to Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of Pledgor, Pledged Company or any other Person party to a Financing Document are subordinated to the claims of Lender; or (h) apply any sums by whomever paid or however realized to any amounts owing by Pledgor or Pledged Company to Lender in such manner as Lender shall determine in its discretion; then, subject to Section 8.9, Lender shall not incur any liability to Pledgor pursuant hereto as a result thereof and no such action shall impair or release the obligations of Pledgor under this Agreement.

Modification of Obligations. If Lender the Secured Party shall at any time or from time to time, with or without the consent of, or notice to, the any Pledgor: (a) 25.1 change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Obligations; (b) 25.2 take any action under or in respect of the Financing Operative Documents 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) 25.3 amend or modify, in any manner whatsoever, the Financing Operative Documents; (d) 25.4 extend or waive the time for any Pledgor’s's, Pledged Company’s the Facility Lessee's or any other Person’s 's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Financing Facility Lease or any other Operative Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) 25.5 take and hold security or collateral for the payment of the Obligations, or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Lender the Secured Party has been granted a Lien, to secure any indebtedness of Pledgor, Pledged Company any Pledgor or any other Person party the Facility Lessee to a Financing Document to Lenderthe Secured Party; (f) 25.6 release or limit the liability of anyone who may be liable in any manner for the payment of any amounts owed by Pledgor, Pledged Company any Pledgor or any other Person party the Facility Lessee to a Financing Document to Lenderthe Secured Party; (g) 25.7 modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of Pledgor, Pledged Company any Pledgor or any other Person party to a Financing Document the Facility Lessee are subordinated to the claims of Lenderthe Secured Party; or (h) 25.8 apply any sums by whomever paid or however realized to any amounts owing by any Pledgor or Pledged Company of the Facility Lessee to Lender the Secured Party in such manner as Lender the Secured Party shall determine in its discretion; then, subject to Section 8.917 hereof, Lender the Secured Party shall not incur any liability to any Pledgor pursuant hereto as a result thereof and no such action shall impair or release the obligations of any Pledgor under this Agreement; provided that the provisions of this Section 25 shall not affect the rights of any Pledgor to give any consent or to receive any notice in accordance with the other Operative Documents.

Modification of Obligations. If Lender shall at any time --------------------------- or from time to time, with or without the consent of, or notice to, the PledgorGuarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Obligations; (b) take any action under or in respect of the Financing Loan Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, power powers or privileges; (c) amend or modify, in any manner whatsoever, the Financing Documentsany Loan Document; (d) extend or waive the time for Pledgor’s, Pledged Company’s the Guarantor's or any other Person’s '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 Financing Loan Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take and hold security or collateral for the payment of the Obligations, or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Lender Xxxxxx has been granted a Lien, to secure any indebtedness of Pledgor, Pledged Company the Guarantor or any other Person party to a Financing Document Borrower to Lender; (f) release or limit the liability of anyone who may be liable in any manner for the payment of any amounts owed by Pledgor, Pledged Company the Guarantor or any other Person party to a Financing Document Borrower to Lender; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of Pledgor, Pledged Company the Guarantor or any other Person party to a Financing Document Borrower are subordinated to the claims of Lender; orand/or (h) apply any sums by whomever paid or however realized to any amounts owing by Pledgor the Guarantor or Pledged Company any Borrower to Lender in such manner as Lender shall determine in its discretion; then, subject to Section 8.9, then Lender shall not incur any liability to Pledgor the Guarantor pursuant hereto as a result thereof and no such action shall impair or otherwise affect or release the obligations of Pledgor the Guarantor under this AgreementGuaranty.

Modification of Obligations. If Lender Collateral Agent shall at any time or from time to time, with or without the consent of, or notice to, the Pledgor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Obligations; (b) take any action under or in respect of the Financing Credit Documents 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 Financing Credit Documents; (d) extend or waive the time for Pledgor’s, Pledged Companyany Borrower’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 Financing Credit 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 Obligations, or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Lender Collateral Agent has been granted a Lien, to secure any indebtedness of Pledgor, Pledged Company any Borrower or any other Person party to a Financing Credit Document to Lenderthe Secured Parties; (f) release or limit the liability of anyone who may be liable in any manner for the payment of any amounts owed by Pledgor, Pledged Company any Borrower or any other Person party to a Financing Credit Document to LenderCollateral Agent; (g) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of Pledgor, Pledged Company any Borrower or any other Person party to a Financing Credit Document are subordinated to the claims of LenderCollateral Agent; or (h) apply any sums by whomever paid or however realized to any amounts owing by Pledgor or Pledged Company any Borrower to Lender the Secured Parties in such manner as Lender Collateral Agent shall determine in its discretion; then, subject to Section 8.98.8, Lender Collateral Agent shall not incur any liability to Pledgor pursuant hereto as a result thereof and no such action shall impair or release the obligations of Pledgor under this Agreement.

Modification of Obligations. If Lender the Trustee shall at any time or from time to time, with or without the consent of, or notice to, the any Pledgor: (a) change 25.1 Change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Obligations; (b) take 25.2 Take any action under or in respect of the Financing Documents 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 25.3 Amend or modify, in any manner whatsoever, the Financing Documents; (d) extend 25.4 Extend or waive the time for such Pledgor’s's, Pledged Company’s or any other Person’s 's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Financing Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take 25.5 Take and hold security or collateral for the payment of the Obligations, or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Lender the Trustee has been granted a Lien, to secure any indebtedness associated with the Financing Documents of Pledgor, Pledged Company such Pledgor or any other Person party to a Financing Document to Lenderthe Trustee; (f) release 25.6 Release or limit the liability of anyone who may be liable in any manner for the payment of any amounts under the Financing Documents owed by Pledgor, Pledged Company such Pledgor or any other Person party to a Financing Document to Lender;the Trustee; EXECUTION VERSION (g) modify 25.7 Modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of such Pledgor, Pledged Company any Affiliate or any other Person party to a Financing Document are subordinated to the claims of Lenderthe Trustee under the Financing Documents; or (h) apply 25.8 Apply any sums by whomever paid or however realized to any amounts owing pursuant to the Financing Documents by Pledgor Premier or Pledged Company any other obligor to Lender the Trustee in such manner as Lender the Trustee shall determine in its discretiondiscretion in accordance with the Financing Documents; then, subject to Section 8.916 hereof, Lender neither the Trustee nor any Noteholder shall not incur any liability to any Pledgor pursuant hereto as a result thereof and no such action shall impair or release the obligations of such Pledgor under this Agreement.

Modification of Obligations. If Lender Administrative Agent shall at any time or from time to time, with or without the consent of, or notice to, the Pledgor: (a) change 23.1 Change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Obligations; (b) take 23.2 Take any action under or in respect of the Financing Credit Documents 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 23.3 Amend or modify, in any manner whatsoever, the Financing Credit Documents; (d) extend 23.4 Extend or waive the time for Pledgor’s's, Pledged Company’s any other Portfolio Entity's or any other Person’s 's performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Financing Credit Documents, or waive such performance or compliance or consent to a failure of, or departure from, such performance or compliance; (e) take 23.5 Take and hold security or collateral for the payment of the Obligations, or sell, exchange, release, dispose of, or otherwise deal with, any property pledged, mortgaged or conveyed, or in which Lender Administrative Agent has been granted a Lien, to secure any indebtedness associated with the Credit Documents of Pledgor, Pledged Company any other Portfolio Entity or any other Person party to a Financing Document to LenderAdministrative Agent; (f) release 23.6 Release or limit the liability of anyone who may be liable in any manner for the payment of any amounts under the Credit Documents owed by Pledgor, Pledged Company any other Portfolio Entity or any other Person party to a Financing Document to LenderAdministrative Agent; (g) modify 23.7 Modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of Pledgor, Pledged Company any other Portfolio Entity or any other Person party to a Financing Document are subordinated to the claims of LenderAdministrative Agent under the Credit Documents; or (h) apply 23.8 Apply any sums by whomever paid or however realized to any amounts owing pursuant to the Credit Documents by Pledgor Pledgor, any other Portfolio Entity or Pledged Company any other Person to Lender Administrative Agent in such manner as Lender Administrative Agent shall determine in its discretiondiscretion in accordance with the Credit Documents; then, subject to Section 8.916 hereof, Lender neither Administrative Agent nor any Bank shall not incur any liability to Pledgor pursuant hereto as a result thereof and no such action shall impair or release the obligations of Pledgor under this Agreement.