No Conditions Precedent to Exercise Remedies. Borrower and each other Person hereafter obligated for payment or fulfillment of all or any part of the Obligations shall not, except as otherwise provided by applicable law, be relieved of such obligation by reason of (a) the failure of a trustee to comply with any request of Borrower, or any other Person so obligated to foreclose the Lenders' Liens or to enforce any provisions of the Loan Documents, (b) the release, regardless of consideration, of any Person obligated with respect to the Obligations, or of the Collateral or any part thereof, or the addition of any other property to the Collateral, (c) any agreement or stipulation between any subsequent owner of the Collateral and any Agent or any Lender extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents without first having obtained the consent of, given notice to or paid any consideration to Borrower, or such other Person, and in such event, Borrower and all such other Persons shall continue to be liable to make payments in accordance with the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Required Lenders, and (d) any other act or occurrence, save and except the complete payment of the Obligations. Borrower and each Guarantor waive any right to require Lenders to proceed against any other Person, exhaust any Collateral, or pursue any other remedy in Lenders' power. All dealings between Borrower, any Guarantor and any Lender, whether or not resulting in the creation of the Obligations, shall conclusively be presumed to have been had or consummated upon reliance upon this Agreement. Borrower and each Guarantor authorize Lenders, without notice or demand and without any reservation of rights against Borrower or any Guarantor and without affecting liability hereunder or on the Obligations, from time to time, to (i) renew, extend for any period, accelerate, modify, compromise, settle, or release the obligation of any other Person that may be obligated with respect to any or all of the Obligations or Collateral; (ii) take and hold any other property as collateral, other than the Collateral, for the payment of any or all of the Obligations, and exchange, enforce, waive, and release any or all of the Collateral or other property; and (iii) after the occurrence of an Event of Default, apply the Collateral or other property and direct the order or manner of sale thereof in accordance with the terms of this Agreement and the Security Documents.
Appears in 2 contracts
Samples: Credit Agreement (Amresco Inc), Credit Agreement (Amresco Inc)
No Conditions Precedent to Exercise Remedies. Borrower Each Borrower, each Guarantor and each other Person hereafter obligated for payment or fulfillment of all or any part of the Obligations shall not, except as otherwise provided by applicable law, be relieved of such obligation by reason of (a) the failure of a trustee to comply with any request of Borrower, any Borrower or Guarantor or any other Person so obligated obligated, to foreclose the Lenders' Liens or to enforce any provisions of the Loan Documents, (b) the release, regardless of consideration, of any Person obligated with respect to the Obligations, or of the Collateral or any part thereof, or the addition of any other property to the Collateral, (c) any agreement or stipulation between any subsequent owner of the Collateral and any Administrative Agent or any Lender extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents without first having obtained the consent of, given notice to or paid any consideration to such Borrower, such Guarantor or such other Person, and in such event, Borrower each Borrower, each Guarantor and all such other Persons shall continue to be liable to make payments in accordance with the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Required LendersLenders (or all the Lenders if required under Section 11.3), and (d) any other act or occurrence, save and except the complete indefeasible payment of the Obligations. Each Borrower and each Guarantor waive any right to require Lenders or the Administrative Agent to proceed against any other Person, exhaust any Collateral, or pursue any other remedy in Administrative Agent's or the Lenders' power. All dealings between Borrower, any Borrower or any Guarantor and Administrative Agent or any Lender, whether or not resulting in the creation of the Obligations, shall conclusively be presumed to have been had or consummated upon reliance upon this Agreement. Each Borrower and each Guarantor authorize authorizes Administrative Agent and the Lenders, without notice or demand and without any reservation of rights against any Borrower or any Guarantor and without affecting liability hereunder or on the Obligations, from time to time, to (i) renew, extend for any period, accelerate, modify, compromise, settle, or release the obligation of any other Person that may be obligated with respect to any or all of the Obligations or Collateral; (ii) take and hold any other property as collateral, other than the Collateral, for the payment of any or all of the Obligations, and exchange, enforce, waive, and release any or all of the Collateral or other property; and (iii) after the occurrence of an Event of Default, apply the Collateral or other property and direct the order or manner of sale thereof in accordance with the terms of this Agreement and the Security Documents.
Appears in 1 contract
Samples: Credit Agreement (Amresco Inc)
No Conditions Precedent to Exercise Remedies. Borrower Borrowers, and each -------------------------------------------- any other Person hereafter obligated for payment or fulfillment of all or any part of the Obligations shall not, except as otherwise provided by applicable law, be relieved of such obligation by reason of (a) the failure of a trustee to comply with any request of any Borrower, or any other Person person so obligated to foreclose the Lenders' Liens or to enforce any provisions of the Loan Documents, (b) the release, regardless of consideration, of any Person obligated with respect to the Obligations, or of the Collateral or any part thereof, or the addition additions of any other property to Collateral in the Collateral, (c) any agreement or stipulation between any subsequent owner of the Collateral and any Agent or any Lender extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents without first having obtained the consent of, given notice to or paid any consideration to Borrower, or such other Person, and in such event, Borrower and all such other Persons shall continue to be liable to make payments in accordance with the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Required Lendersfuture, and (dc) any other act or occurrence, save and except the complete payment of the Obligations. Borrower and each Guarantor waive Each of the Borrowers waives any right to require Lenders to proceed against any other Person, exhaust any Collateral, Collateral or pursue any other remedy in Lenders' power. All dealings between Borrower, any Guarantor Borrower and any Lender, whether or not resulting in the creation of the Obligations, shall conclusively be presumed to have been had or consummated upon reliance upon this Agreement. Each Borrower and each Guarantor authorize authorizes Lenders, without notice or demand and without any reservation of rights against such Borrower or any Guarantor and without affecting liability hereunder or on the Obligations, from time to time, to (i) renew, extend for any period, accelerate, modify, compromise, settle, or release the obligation of any other Person that may be obligated with respect to any or all of the Obligations or Collateral; (ii) take and hold any other property as collateral, other than the Collateral, for the payment of any or all of the Obligations, and exchange, enforce, waive, waive and release any or all of the Collateral or other property; and (iii) after the occurrence of an Event of Default, apply the Collateral or other property and direct the order or manner of sale thereof in accordance with the terms of this Agreement and the Security other Loan Documents.
Appears in 1 contract
Samples: Revolving Credit Agreement (Travis Boats & Motors Inc)
No Conditions Precedent to Exercise Remedies. Borrower Borrower, Guarantors and each any other Person hereafter obligated for payment or fulfillment of all or any part of the Obligations shall not, except as otherwise provided by applicable lawLaw, be relieved of such obligation by reason of (a) the failure of a trustee to comply with any request of BorrowerBorrower or any Guarantor, or any other Person person so obligated to foreclose the Lenders' Liens or to enforce any provisions of the Loan Documents, (b) the release, regardless of consideration, of any Person obligated with respect to the Obligations, or of the Collateral or any part thereof, or the addition additions of any other property to Collateral in the Collateral, (c) any agreement or stipulation between any subsequent owner of the Collateral and any Agent or any Lender extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents without first having obtained the consent of, given notice to or paid any consideration to Borrower, or such other Person, and in such event, Borrower and all such other Persons shall continue to be liable to make payments in accordance with the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Required Lendersfuture, and (dc) any other act or occurrence, save and except the complete payment of the Obligations. Borrower and each Guarantor waive waives any right to require Lenders to proceed against any other Person, exhaust any Collateral, Collateral or pursue any other remedy in Lenders' power. All dealings between Borrower, any Guarantor Borrower and any Lender, whether or not resulting in the creation of the Obligations, shall conclusively be presumed to have been had or consummated upon reliance upon this Agreement. Borrower and each Guarantor authorize authorizes Lenders, without notice or demand and without any reservation of rights against Borrower or any Guarantor and without affecting liability hereunder or on the Obligations, from time to time, to (i) renew, extend for any period, accelerate, modify, compromise, settle, or release the obligation of any other Person that may be obligated with respect to any or all of the Obligations or Collateral; (ii) take and hold any other property as collateral, other than the Collateral, for the payment of any or all of the Obligations, and exchange, enforce, waive, waive and release any or all of the Collateral or other property; and (iii) after the occurrence of an Event of Default, apply the Collateral or other property and direct the order or manner of sale thereof in accordance with the terms of this Agreement and the Security other Loan Documents.
Appears in 1 contract
Samples: Loan Agreement (Monarch Dental Corp)
No Conditions Precedent to Exercise Remedies. Each Borrower and each other Person hereafter obligated for payment or fulfillment of all or any part of the Obligations shall not, except as otherwise provided by applicable law, be relieved of such obligation by reason of (a) the failure of a trustee to comply with any request of any Borrower, or any other Person so obligated to foreclose the Lenders' Liens or to enforce any provisions of the Loan Documents, (b) the release, regardless of consideration, of any Person obligated with respect to the Obligations, or of the Collateral or any part thereof, or the addition of any other property to the Collateral, (c) any agreement or stipulation between any subsequent owner of the Collateral and any Agent or any Lender extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents without first having obtained the consent of, given notice to or paid any consideration to any Borrower, or such other Person, and in such event, each Borrower and all such other Persons shall continue to be liable to make payments in accordance with the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Required Lenders, and (d) any other act or occurrence, save and except the complete payment of the Obligations. Each Borrower and each Guarantor waive waives any right to require Lenders to proceed against any other Person, exhaust any Collateral, or pursue any other remedy in Lenders' power. All dealings between Borrower, any Guarantor Borrower and any Lender, whether or not resulting in the creation of the Obligations, shall conclusively be presumed to have been had or consummated upon reliance upon this Agreement. Borrower and each Guarantor authorize authorizes Lenders, without notice or demand and without any reservation of rights against any Borrower or any Guarantor and without affecting liability hereunder or on the Obligations, from time to time, to (i) renew, extend for any period, accelerate, modify, compromise, settle, or release the obligation of any other Person that may be obligated with respect to any or all of the Obligations or Collateral; (ii) take and hold any other property as collateral, other than the Collateral, for the payment of any or all of the Obligations, and exchange, enforce, waive, and release any or all of the Collateral or other property; and (iii) after the occurrence of an Event of Default, apply the Collateral or other property and direct the order or manner of sale thereof in accordance with the terms of this Agreement and the Security Documents.
Appears in 1 contract
No Conditions Precedent to Exercise Remedies. Each Borrower and each other Person hereafter obligated for payment or fulfillment of all or any part of the Obligations shall not, except as otherwise provided by applicable law, be relieved of such obligation by reason of (a) the failure of a trustee to comply with any request of any Borrower, or any other Person so obligated to foreclose the Lenders' Liens or to enforce any provisions of the Loan Documents, (b) the release, regardless of consideration, of any Person obligated with respect to the Obligations, or of the Collateral or any part thereof, or the addition of any other property to the Collateral, (c) any agreement or stipulation between any subsequent owner of the Collateral and any Agent or any Lender extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents without first having obtained the consent of, given notice to or paid any consideration to any Borrower, or such other Person, and in such event, each Borrower and all such other Persons shall continue to be liable to make payments in accordance with the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Required Lenders, and (d) any other act or occurrence, save and except the complete payment of the Obligations. Each Borrower and each Guarantor waive waives any right to require Lenders to proceed against any other Person, exhaust any Collateral, or pursue any other remedy in Lenders' power. All dealings between Borrower, any Guarantor Borrower and any Lender, whether or not resulting in the creation of the Obligations, shall conclusively be presumed to have been had or consummated upon reliance upon this Agreement. Each Borrower and each Guarantor authorize authorizes Lenders, without notice or demand and without any reservation of rights against any Borrower or any Guarantor and without affecting liability hereunder or on the Obligations, from time to time, to (i) renew, extend for any period, accelerate, modify, compromise, settle, or release the obligation of any other Person that may be obligated with respect to any or all of the Obligations or Collateral; (ii) take and hold any other property as collateral, other than the Collateral, for the payment of any or all of the Obligations, and exchange, enforce, waive, and release any or all of the Collateral or other property; and (iii) after the occurrence of an Event of Default, apply the Collateral or other property and direct the order or manner of sale thereof in accordance with the terms of this Agreement and the Security Documents.the
Appears in 1 contract
Samples: Loan Agreement (Amresco Inc)
No Conditions Precedent to Exercise Remedies. Borrower and each other Person hereafter obligated for payment or fulfillment of all or any part of the Obligations shall not, except as otherwise provided by applicable law, be relieved of such obligation by reason of (a) the failure of a trustee to comply with any request of Borrower, or any other Person so obligated to foreclose the Lenders' Liens or to enforce any provisions of the Loan Documents, (b) the release, regardless of consideration, of any Person obligated with respect to the Obligations, or of the Collateral or any part thereof, or the addition of any other property to the Collateral, (c) any agreement or stipulation between any subsequent owner of the Collateral and any Agent or any Lender extending, renewing, rearranging or in any other way modifying the terms of the Loan Documents without first having obtained the consent of, given notice to or paid any consideration to Borrower, or such other Person, and in such event, Borrower and all such other Persons shall continue to be liable to make payments in accordance with the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Required Lenders, and (d) any other act or occurrence, save and except the complete payment of the Obligations. Borrower and each Guarantor waive any right to require Lenders to proceed against any other Person, exhaust any Collateral, or pursue any other remedy in Lenders' power. All dealings between Borrower, any Guarantor and any Lender, whether or not resulting in the creation of the Obligations, shall conclusively be presumed to have been had or consummated upon reliance upon this Agreement. Borrower and each Guarantor authorize Lenders, without notice or demand and without any reservation of rights against Borrower or any Guarantor and without affecting liability hereunder or on the Obligations, from time to time, to (i) renew, extend for any period, accelerate, modify, compromise, settle, or release the obligation of any other Person that may be obligated with respect to any or all of the Obligations or Collateral; (ii) take and hold any other property as collateral, other than the Collateral, for the payment of any or all of the Obligations, and exchange, enforce, waive, and release any or all of the Collateral or other property; and (iii) after the occurrence of an Event of Default, apply the Collateral or other property and direct the order or manner of sale thereof in accordance with the terms of this Agreement and the Security Documents.
Appears in 1 contract
Samples: Loan Agreement (Amresco Inc)