NO IMPAIRMENT OF GUARANTOR'S OBLIGATIONS. No course of dealing between Lender and Borrower (or any other guarantor, surety or endorser of Borrower's Indebtedness), nor any failure or delay on the part of Lender to exercise any of Lender's rights and remedies under this Agreement or any other agreement or agreements by and between Lender and Borrower (or any other guarantor, surety or endorser), shall have the effect of Impairing or releasing Guarantor's obligations and liabilities to Lender, or of waiving any of Lender's rights and remedies under this Agreement or otherwise. Any partial exercise of any rights and remedies granted to Lender shall furthermore not constitute a waiver of any of Lender's other rights and remedies; It being Guarantor's Intent and agreement that Lender's rights and remedies shall be cumulative In nature. Guarantor further agrees that, should Borrower default under any of Its Indebtedness, any waiver or forbearance on the part of Lender to pursue Lender's available rights and remedies shall be binding upon Lender only to the extent that Lender specifically agrees to such waiver or forbearance In writing. A waiver or forbearance on the part of Lender as to one event of default shall not constitute a waiver or forbearance as to any other default.
Appears in 3 contracts
Samples: Commercial Guaranty (American Fire Retardant Corp), Commercial Guaranty (American Fire Retardant Corp), Commercial Guaranty (American Fire Retardant Corp)
NO IMPAIRMENT OF GUARANTOR'S OBLIGATIONS. No course of dealing between Lender and Borrower (or any other guarantor, surety or endorser of Borrower's Indebtedness), nor any failure or delay on the part of Lender to exercise any of Lender's rights and remedies under this Agreement or any other agreement or agreements by and between Lender and Borrower (or any other guarantor, surety or endorser), shall have the effect of Impairing or releasing Guarantor's obligations and liabilities to Lender, or of waiving any of Lender's rights and remedies under this Agreement or otherwise. Any partial exercise of any rights and remedies granted to Lender shall furthermore not constitute a waiver of any of Lender's other rights and remedies; It being Guarantor's Intent and agreement that Lender's rights and remedies shall be cumulative In nature. Guarantor further agrees that, should Borrower default under any of Its its Indebtedness, any waiver or forbearance on the part of Lender to pursue Lender's available rights and remedies shall be binding upon Lender only to the extent that Lender specifically agrees to such waiver or forbearance In writing. A waiver or forbearance on the part of Lender as to one event of default shall not constitute a waiver or forbearance as to any other default.. NO RELEASE OF GUARANTOR. Guarantor's obligations and liabilities under this Agreement shall not be released, Impaired, reduced, or otherwise affected by, and shall continue In full force and effect notwithstanding the occurrence of any event, Including without limitation any one or more of the following events:
Appears in 2 contracts
Samples: Commercial Guaranty (American Fire Retardant Corp), Commercial Guaranty (American Fire Retardant Corp)
NO IMPAIRMENT OF GUARANTOR'S OBLIGATIONS. No course of dealing between Lender and Borrower (or any other guarantor, surety or endorser of Borrower's the Indebtedness), nor any failure or delay on the part of Lender to exercise any of Lender's rights and remedies under this Agreement or any other agreement or agreements by and between Lender and Borrower (or any other guarantor, surety or endorser), shall have the effect of Impairing impairing or releasing Guarantor's obligations and liabilities to Lender, or of waiving any of Lender's rights and remedies under this Agreement or otherwise. Any partial exercise of any rights and remedies granted to Lender shall furthermore not constitute a waiver of any of Lender's other rights and remedies; It it being Guarantor's Intent intent and agreement that Lender's rights and remedies shall be cumulative In in nature. Guarantor further agrees that, should Borrower default under any of Its Indebtedness, that any waiver or forbearance on the part of Lender to pursue Lender's available rights and remedies shall be binding upon Lender only to the extent that Lender specifically agrees to such waiver or forbearance In in writing. A waiver or forbearance on the part of Lender as to one event Event of default Default shall not constitute a waiver or forbearance as to any other defaultEvent of Default.
Appears in 1 contract
Samples: Commercial Guaranty (Search Financial Services Inc)
NO IMPAIRMENT OF GUARANTOR'S OBLIGATIONS. No course of dealing between Lender Bank and Borrower (or any other guarantorGuarantor, surety or endorser of Borrower's the Indebtedness), nor any failure or delay on the part of Lender Bank to exercise any of LenderBank's rights and remedies under this Agreement or any other agreement or agreements by and between Lender Bank and Borrower (or any other guarantorGuarantor, surety or endorser), shall have the effect of Impairing impairing or releasing Guarantor's obligations and liabilities to LenderBank, or of waiving any of LenderBank's rights and remedies under this Agreement or otherwise. Any partial exercise of any rights and remedies granted to Lender Bank shall furthermore not constitute a waiver of any of LenderBank's other rights and remedies; It it being Guarantor's Intent intent and agreement that LenderBank's rights and remedies shall be cumulative In in nature. Guarantor further agrees that, should Borrower default under any of Its its Indebtedness, any waiver wavier or forbearance on the part of Lender Bank to pursue LenderBank's available rights and remedies shall be binding upon Lender Bank only to the extent that Lender Bank specifically agrees to such waiver or forbearance In in writing. A waiver or forbearance on the part of Lender Bank as to one event of default shall not constitute a waiver or forbearance as to any other default.
Appears in 1 contract
NO IMPAIRMENT OF GUARANTOR'S OBLIGATIONS. No course of dealing between Lender and Borrower (or any other guarantor, surety or endorser of Borrower's Indebtedness), nor any failure or delay on the part of Lender to exercise any of Lender's rights and remedies under this Agreement or any other agreement or agreements by and between Lender and Borrower (or any other guarantor, surety or endorser), shall have the effect of Impairing impairing or releasing Guarantor's obligations and liabilities to Lender, or of waiving any of Lender's rights and remedies under this Agreement or otherwise. Any partial exercise of any rights and remedies granted to Lender shall furthermore not constitute a waiver of any of Lender's other rights and remedies; It it being Guarantor's Intent intent and agreement that Lender's rights and remedies shall be cumulative In in nature. Guarantor further agrees that, should Borrower default under any of Its its Indebtedness, any waiver or forbearance on the part of Lender to pursue Lender's available rights and remedies shall be binding upon Lender only to the extent that Lender specifically agrees to such waiver or forbearance In in writing. A waiver or forbearance on the part of Lender as to one event of default shall not constitute a waiver or forbearance as to any other default.
Appears in 1 contract
Samples: Commercial Guaranty (Laboratory Specialists of America Inc)
NO IMPAIRMENT OF GUARANTOR'S OBLIGATIONS. No course of dealing between Lender and Borrower Appearers (or any other guarantor, surety or of endorser of Borrower's the Indebtedness), nor any failure or delay on the part of Lender to exercise any of Lender's rights and remedies under this Agreement or any other agreement or agreements by and between Lender and Borrower Appearers (or any other guarantor, surety or endorser), shall have the effect of Impairing impairing or releasing Guarantor's obligations and liabilities to Lender, or of waiving any of Lender's rights and remedies under this Agreement or otherwise. Any partial exercise of any rights and remedies granted to Lender shall furthermore not constitute a waiver of any of Lender's other rights and remedies; It it being Guarantor's Intent intent and agreement that Lender's rights and remedies shall be cumulative In in nature. Guarantor further agrees that, should Borrower any Appearer default under any of Its the Indebtedness, any waiver or forbearance on the part of Lender to pursue Lender's available rights and remedies shall be binding upon Lender only to the extent that Lender specifically agrees to such waiver or forbearance In in writing. A waiver or forbearance on the part of Lender as to one event of default shall not constitute a waiver or forbearance as to any other default.
Appears in 1 contract
NO IMPAIRMENT OF GUARANTOR'S OBLIGATIONS. No course of dealing between Lender among the Agent, the Lenders and the Borrower (or any other guarantor, surety or endorser of Borrower's Indebtednessthe Guaranteed Obligations), nor any failure or delay on the part of the Agent or any Lender (or any Affiliate of any Lender) to exercise any of Lender's their rights and remedies under this Agreement Agreement, the Credit Agreement, or any other agreement or agreements by and between Lender and Borrower (or any other guarantor, surety or endorser)Loan Document, shall have the effect of Impairing impairing or releasing Guarantor's ’s obligations and liabilities to Lenderthe Agent and the Lenders (and the Lenders’ applicable Affiliates), or of waiving any of Lender's their rights and remedies under this Agreement Agreement, the Credit Agreement, any other Loan Document or otherwise. Any partial exercise of any rights and remedies granted to Lender the Agent and the Lenders (and the Lenders’ applicable Affiliates) shall furthermore not constitute a waiver of any of Lender's their other rights and remedies; It it being Guarantor's Intent ’s intent and agreement that Lender's the Agent’s and Lenders’ (and the applicable Lenders’ Affiliates’) rights and remedies shall be cumulative In in nature. Guarantor further agrees thatNo Release of Guarantor. Guarantor’s obligations and liabilities under this Agreement shall not be released, should impaired, reduced, or otherwise affected by, and shall continue in full force and effect, notwithstanding the occurrence of any event, including without limitation any one or more of the following events: The death, insolvency, bankruptcy, arrangement, adjustment, composition, liquidation, disability, dissolution, or lack of authority (whether corporate, partnership or trust) of Borrower default (or any person acting on Borrower’s behalf), or of any other guarantor, surety or endorser of the Obligations or the Guaranteed Obligations. Any payment by Borrower, or any other party, to the Lenders (or any Affiliate of any Lender) that is held to constitute a preferential transfer or a fraudulent conveyance under any of Its Indebtednessapplicable law, or any waiver such amounts or forbearance on payment which, for any reason, the part of Lender Lenders are required to pursue Lender's available rights and remedies shall be binding upon Lender only refund or repay to the extent that Lender specifically agrees to such waiver Borrower or forbearance In writing. A waiver or forbearance on the part of Lender as to one event of default shall not constitute a waiver or forbearance as to any other defaultPerson. Any dissolution of Borrower, or any sale, lease or transfer of all or any part of Borrower’s assets.
Appears in 1 contract
Samples: Second Amendment and Conditional Payoff Agreement (SEACOR Marine Holdings Inc.)
NO IMPAIRMENT OF GUARANTOR'S OBLIGATIONS. No course of dealing between Lender and Borrower (or any other guarantorGuarantor, surety or endorser of Borrower's Indebtedness), nor any failure or delay on the part of Lender to exercise any of Lender's rights and remedies under this Agreement or any other agreement or agreements by and between Lender and Borrower (or any other guarantor, surety or endorser), shall have the effect of Impairing impairing or releasing Guarantor's obligations and liabilities to Lender, or of waiving waving any of Lender's rights and remedies under this Agreement or otherwise. Any partial exercise of any rights and remedies granted to Lender shall furthermore not constitute a waiver of any of Lender's other rights and remedies; It it being Guarantor's Intent intent and agreement that Lender's Lenders' rights and remedies shall be cumulative In in nature. Guarantor further agrees that, should Borrower default under any of Its its Indebtedness, any waiver or forbearance on the part of Lender to pursue Lender's available rights and remedies shall be binding upon Lender only to the extent that Lender specifically agrees to such waiver or forbearance In in writing. A waiver or forbearance on the part of Lender as to one event of default shall not constitute a waiver or forbearance as to any other default.
Appears in 1 contract
NO IMPAIRMENT OF GUARANTOR'S OBLIGATIONS. No course of dealing between Lender and Borrower (or any other guarantor, surety or endorser of Borrower's Indebtedness), nor any failure or delay on the part of Lender to exercise any of Lender's rights and remedies under this Agreement or any other agreement or agreements by and between Lender and Borrower (or any other guarantor, surety or endorser), shall have the effect of Impairing or releasing Guarantor's obligations and liabilities to Lender, or of waiving any of Lender's rights and remedies under this Agreement or otherwise. Any partial exercise of any rights and remedies granted to Lender shall furthermore not constitute a waiver of any of Lender's other rights and remedies; It being Guarantor's Intent and agreement that Lender's rights and remedies shall be cumulative In nature. Guarantor further agrees that, should Borrower default under any of Its its Indebtedness, any waiver or forbearance on the part of Lender to pursue Lender's available rights and remedies shall be binding upon Lender only to the extent that Lender specifically agrees to such waiver or forbearance In writing. A waiver or forbearance on the part of Lender as to one event of default shall not constitute a waiver or forbearance as to any other default.
Appears in 1 contract
NO IMPAIRMENT OF GUARANTOR'S OBLIGATIONS. No course of dealing between Lender and any Borrower (or any other guarantor, surety or endorser of Borrower's the Indebtedness), nor any failure or delay on the part of Lender to exercise any of Lender's rights and remedies under this Agreement or any other agreement or agreements by and between Lender and any Borrower (or any other guarantor, surety or endorser), shall have the effect of Impairing impairing or releasing Guarantor's obligations and liabilities to Lender, or of waiving any of Lender's rights and remedies under this Agreement or otherwise. Any partial exercise of any rights and remedies granted to Lender shall furthermore not constitute a waiver of any of Lender's other rights and remedies; It it being Guarantor's Intent intent and agreement that Lender's rights and remedies shall be cumulative In in nature. Guarantor further agrees that, should Borrower default under any of Its Indebtedness, that any waiver or forbearance on the part of Lender to pursue Lender's available rights and remedies shall be binding upon Lender only to the extent that Lender specifically agrees to such waiver or forbearance In in writing. A waiver or forbearance on the part of Lender as to one event Event of default Default shall not constitute a waiver or forbearance as to any other defaultEvent of Default.
Appears in 1 contract
Samples: Commercial Guaranty (Search Financial Services Inc)