No Release of Borrower. Nothing herein is, or shall be construed as, a release of any of the obligations and liabilities of any of the Borrowers (including, without limitation, AmeriVision, which is presently in chapter 11 bankruptcy and which is and shall remain a Borrower under the Original Loan Agreement, the Revolving Note, the Term Note, and other Loan Documents, as the same are amended hereby) to the Bank under the Original Loan Agreement, the Revolving Note, the Term Note, and other Loan Documents, as the same are amended hereby, or of any of the Collateral and Additional Collateral securing the Borrower’s obligations to the Bank.
No Release of Borrower. Nothing herein is, or shall be construed as, a release of any of the obligations and liabilities of any of the Borrowers (including, without limitation, AmeriVision Outdoor, Inc., which is presently in chapter 11 bankruptcy and, therefore, is not a signatory to this Agreement), to the Bank under the Loan Agreement, the Revolving Note, the Term Note, and other Loan Documents, as the same are amended hereby, or of any of the Collateral securing the Borrower’s obligations to the Bank.
No Release of Borrower. Lender hereby releases (on the Effective Date) Borrower from liability under the Original Loan Documents (but not this Agreement); provided, however, that the Borrower hereby acknowledges and agrees that Borrower is expressly not released from, and nothing contained herein is intended to limit, impair, terminate or revoke any of Borrower’s obligations with respect to any matters set forth in the Original Loan Documents to the extent the same arise out of or in connection with any act or omission occurring before the Effective Date (the “Retained Obligations”), and that such Retained Obligations shall continue in full force and effect in accordance with the terms and provisions thereof and hereof. Except as expressly provided in this Agreement or in the Original Loan Documents, Lxxxxx has not waived any right of Lender or obligation of Borrower under the Original Loan Documents, and, except as set forth in this Agreement or in the Loan Documents, Lender has not agreed to any modification or extension of any provision of any of the Original Loan Documents. The Retained Obligations shall not be discharged or reduced by any extension, amendment, renewal or modification to, the Original Note, the Original Security Instrument or any other Original Loan Documents, including, without limitation, changes to the terms of repayment thereof, modifications, extensions or renewals of repayment dates, releases or subordinations of security in whole or in part, changes in the interest rate or advances of additional funds by Lender in its discretion for purposes related to those set forth in the Original Loan Documents; provided further that nothing contained in this Agreement shall limit, restrict, impair, terminate or affect Borrower’s rights under Section 9.4 of the Original Loan Agreement. From time to time without first requiring performance on the part of Hotel Owner or Hotel Operator, Lender may look to and require performance by Borrower of all obligations on the part of Borrower to be performed pursuant to any of the Original Loan Documents which obligations arose or accrued prior to the Effective Date. Except as set forth in the Original Loan Documents, Borrower waives all presentments, demands for performance, notices of nonperformance, protests, notices of protest and notices of dishonor of all or any part of the indebtedness now existing or hereafter arising under the Original Loan Documents.
No Release of Borrower. Borrower expressly agrees that no renewal or extension granted, whether by acceptance of interest in advance or otherwise, nor any indulgence shown to, nor any release of, nor any dealings between Lender and any person now or hereafter interested in this Agreement, the Revolving Credit Note, shall discharge, extend, or in any way
No Release of Borrower. Nothing herein is, or shall be construed as, a release of any of the obligations and liabilities of the Borrower to the Bank under the Original Loan Agreement, the Restructured Note, the Winddown Note, and other Loan Documents, as the same are amended hereby, or of any of the Collateral and Additional Collateral securing the Borrower’s obligations to the Bank.
No Release of Borrower. No sale, transfer, or encumbrance of the Property or of Borrower’s rights under this Mortgage and the Note and no delegation of Borrower’s obligations under this Mortgage or any other Borrower’s Obligations shall release Borrower from liability for any Borrower’s Obligations unless: [i] Lender and such transferee or delegee agree in writing that such transferee or delegee is satisfactory to Lender and that such transferee or delegee shall perform Borrower’s Obligations and pay such interest thereon as Lender may request, and [ii] Lender delivers to Borrower a written release.
No Release of Borrower. This Agreement modifies the Loan Documents, and in no way releases or relinquishes the liens, security interests and rights ("Liens") securing payment of the Note, including, without limitation, the Liens created by the Deed of Trust. The Liens are renewed, extended, ratifed and confirmed by Borrower in all respects, except to the extent that the Liens have previously been released of record by Lender.
No Release of Borrower. Any assumption of the Canadian Loan by Resized Canadian Borrower or of the Domestic Loan by Resized Domestic Borrower shall not release such Borrowers from their obligations under this Agreement. In the event that Administrative Agent and Lenders agree in their sole discretion to release any Borrower from its obligations under this Agreement and the other Loan Documents following an assumption of the Loans hereunder, such Borrowers' obligations under this Agreement shall survive such release to the extent provided in Section 11.1 hereof and any other provisions hereof which by their terms survive the repayment of the Loans.
No Release of Borrower. It is hereby agreed and understood that Co-Borrower's acceptance of the Obligations as herein set forth does not diminish or release and shall not in any way affect any of the Obligations, duties or liabilities of Jxxxx World Trade, Ltd. or The Jxxxx Group of New York, Inc. or The Jxxxx Group of Illinois, Inc. or The Jxxxx Group of Georgia, Inc. or The Jxxxx Group of Los Angeles, Inc. or Jxxxx Xxxxxxx Logistics, LLC to Lender. EXHIBIT 10.3
