Obligations Hereunder Not Affected; Waivers Sample Clauses

Obligations Hereunder Not Affected; Waivers. No action which a Party may take or omit to take in connection with this Agreement, no course of dealing by a Party, its Affiliates or any other Person with the other Party, its Affiliates or any other Person, and no change of circumstances shall release or diminish a Party’s obligations, liabilities, agreements or duties hereunder, affect this Agreement in any way, or afford a Party or its Subsidiaries any recourse or setoff against the other Party, regardless of whether any such action or inaction may be detrimental in any way to such other Party, its Affiliates or any of the Properties.
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Obligations Hereunder Not Affected; Waivers. No action which Company or its Subsidiaries may take or omit to take in connection with this Agreement or any Related Contract, no course of dealing by Company or its Subsidiaries with Manager or any other Person and no change of circumstances shall release or diminish Manager’s obligations, liabilities, agreements or duties hereunder, affect this Agreement in any way, or afford Manager any recourse or setoff against Company or its Subsidiaries, regardless of whether any such action or inaction may be detrimental in any way to Manager, Company or any of its Subsidiaries, or any of the Properties.
Obligations Hereunder Not Affected; Waivers. No action that Company or its Subsidiaries, any Express Beneficiary or any Holder may take or omit to take in connection with this Agreement, any Related Contract, or any of the Note Documents, no course of dealing by Company or its Subsidiaries with any Related Person or any other Person, and no change of circumstances, shall release or diminish Manager’s or Parent’s obligations, liabilities, agreements or duties hereunder, affect this Agreement in any way, or afford Manager or Parent any recourse or setoff against Company or its Subsidiaries, any Express Beneficiary or any Holder, regardless of whether any such action or inaction may be detrimental in any way to any Related Person, to Company or any of its Subsidiaries, or to any of the Properties. Each of Parent and Manager hereby waives, with respect to this Agreement and the Related Contracts: (a) notice that Administrative Agent, any Holder Party, Company, or any other Person has taken or omitted to take any action under any Note Document; (b) notice of acceptance of this Agreement; (c) demand, presentment for payment, and notice of demand, dishonor, nonpayment, or nonperformance, with respect to any Obligation; (d) notice of intention to accelerate, notice of acceleration, protest, and notice of protest with respect to any Obligation; and (e) all other notices whatsoever. Administrative Agent and Holder Parties shall have the right to enforce, from time to time, in any order and at their sole discretion, any rights, powers and remedies that they may be entitled to exercise under the Note Documents or otherwise, including judicial foreclosure, the exercise of rights of power of sale, the taking of a deed or assignment in lieu of foreclosure, the appointment of a receiver to collect rents, issues and profits, the exercise of remedies against personal property, or the enforcement of any assignment of leases, rentals, oil or gas production, or other properties or rights, whether real or personal, tangible or intangible. No failure on the part of Administrative Agent or any Holder Party to exercise, and no delay in exercising, any right hereunder or under any other Note Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. The rights, powers and remedies of Administrative Agent and Holder Parties provided herein and in the other Note Documents are cumulative and are in addition t...

Related to Obligations Hereunder Not Affected; Waivers

  • Obligations Hereunder Not Affected All rights and interest of the Lenders and the Administrative Agent hereunder, and all agreements and obligations of the Subordinated Creditors and the Borrower hereunder, shall remain in full force and effect irrespective of:

  • Obligations Not Affected The obligations, covenants, agreements and duties of the Guarantor under this Guarantee Agreement shall in no way be affected or impaired by reason of the happening from time to time of any of the following:

  • Obligations Not Waived To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the Borrower of any of the Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by (a) the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of, this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (c) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Administrative Agent or any Lender.

  • Obligations Not Impaired (a) Guarantor agrees that its obligations hereunder shall not be released, diminished, impaired, reduced or affected by the occurrence of any one or more of the following events: (i) the death, disability or lack of corporate power of Borrower, Guarantor (except as provided in Paragraph 10 herein) or any other ------------ guarantor of all or any part of the Guaranteed Indebtedness, (ii) any receivership, insolvency, bankruptcy or other proceedings affecting Borrower, Guarantor or any other guarantor of all or any part of the Guaranteed Indebtedness, or any of their respective property; (iii) the partial or total release or discharge of Borrower or any other guarantor of all or any part of the Guaranteed Indebtedness, or any other person or entity from the performance of any obligation contained in any instrument or agreement evidencing, governing or securing all or any part of the Guaranteed Indebtedness, whether occurring by reason of law or otherwise; (iv) the taking or accepting of any collateral for all or any part of the Guaranteed Indebtedness or this Guaranty; (v) the taking or accepting of any other guaranty for all or any part of the Guaranteed Indebtedness; (vi) any failure by Lender to acquire, perfect or continue any lien or security interest on collateral securing all or any part of the Guaranteed Indebtedness or this Guaranty; (vii) the impairment of any collateral securing all or any part of the Guaranteed Indebtedness or this Guaranty; (viii) any failure by Lender to sell any collateral securing all or any part of the Guaranteed Indebtedness or this Guaranty in a commercially reasonable manner or as otherwise required by law; (ix) any invalidity or unenforceability of or defect or deficiency in any of the Loan Documents; or (x) any other circumstance which might otherwise constitute a defense available to, or discharge of, Borrower or any other guarantor of all or any part of the Guaranteed Indebtedness.

  • Third Party Obligations 3.1. The THIRD PARTY shall:-

  • Loan Documents Otherwise Not Affected; Reaffirmation Except as expressly amended pursuant hereto or referenced herein, the Loan and Security Agreement and the other Loan Documents shall remain unchanged and in full force and effect and are hereby ratified and confirmed in all respects. The Lenders’ and Collateral Agent’s execution and delivery of, or acceptance of, this Amendment shall not be deemed to create a course of dealing or otherwise create any express or implied duty by any of them to provide any other or further amendments, consents or waivers in the future. The Borrower hereby reaffirms the grant of security under Section 4.1 of the Loan and Security Agreement and hereby reaffirms that such grant of security in the Collateral secures all Obligations under the Loan and Security Agreement, including without limitation any Term Loans funded on or after the Amendment Effective Date, as of the date hereof.

  • Extension Not a Waiver No delay or omission in the exercise of any power, remedy or right herein provided or otherwise available to a Member or the Company shall impair or affect the right of such Member or the Company thereafter to exercise the same. Any extension of time or other indulgence granted to a Member hereunder shall not otherwise alter or affect any power, remedy or right of any other Member or of the Company, or the obligations of the Member to whom such extension or indulgence is granted.

  • Pledgor's Obligations Not Affected The obligations of Pledgor hereunder shall remain in full force and effect without regard to, and shall not be impaired by: (a) any bankruptcy, insolvency, reorganization, arrangement, readjustment, composition, liquidation or the like of Pledgee; (b) any exercise or nonexercise, or any waiver, by Pledgee of any right, remedy, power or privilege under or in respect of the Obligations or any of any security therefor (including this Agreement); (c) any amendment to or modification of any instrument (other than this Agreement) securing any of the Obligations; or (d) the taking of additional security for, or any guaranty of, any of the Obligations or the release or discharge or termination of any security or guaranty for any of the Obligations; whether or not Pledgor shall have notice or knowledge of any of the foregoing.

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