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.
Appears in 19 contracts
Samples: Term Loan Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from from, and protest to the Borrower any Loan Party 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 (ai) the failure of the Administrative Agent or any Lender other Secured Party 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, this Agreement or any other Loan Document Document, or otherwise, (bii) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of, of this AgreementArticle 11, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this AgreementArticle 11, or (ciii) 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 Lenderother Secured Party, or (iv) any other circumstance that would constitute a surety defense (other than payment in full in cash of all of the Obligations).
Appears in 9 contracts
Samples: Credit Agreement (Gci Liberty, Inc.), Credit Agreement (Gci, LLC), Credit Agreement (Gci Liberty, Inc.)
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 Collateral Agent or any Lender other Secured Party 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, of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, 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 Collateral Agent or any Lenderother Secured Party.
Appears in 9 contracts
Samples: Credit Agreement (Shared Technologies Inc), Subsidiary Guarantee Agreement (Interactive Media Corp), Subsidiary Guarantee Agreement (Neenah Foundry Co)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment or protest to, demand of or payment from and protest to the Borrower other Loan Parties of any of the Guaranteed 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 (ai) 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, (bii) 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 guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (ciii) 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.
Appears in 6 contracts
Samples: Revolving Credit Agreement (Maximus Inc), Subsidiary Guaranty Agreement (Easylink Services International Corp), Subsidiary Guaranty Agreement (Easylink Services International Corp)
Obligations Not Waived. To the fullest extent permitted by applicable law, each the Guarantor waives presentment or protest to, demand of or payment from and protest to the Borrower or any other guarantor of any of the Guaranteed 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 the Guarantor hereunder shall not be affected by (ai) 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 guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (bii) 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 guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (ciii) 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.
Appears in 5 contracts
Samples: Guaranty Agreement (ONEOK Partners LP), Guaranty Agreement (ONEOK Partners LP), Guaranty Agreement (Oneok Inc /New/)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from from, and protest to the Borrower any Loan Party of any of the Obligations, and also waives notice of acceptance of its guarantee guaranty 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 (ai) the failure of the Administrative Agent or any Lender other Credit Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower Borrowers or any other Guarantor under the provisions of the Credit Agreement, Agreement or any other Loan Document Document, or otherwise, (bii) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of, of this Guaranty Agreement, any other Loan Document, any Guarantee guaranty or any other agreement, including with respect to any other Guarantor under this Agreement, Guaranty Agreement or (ciii) 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 Lenderother Credit Party.
Appears in 5 contracts
Samples: Credit Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co)
Obligations Not Waived. To the fullest extent permitted by applicable law, each the 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 the Guarantor hereunder shall not be affected by (a) the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Guarantor guarantor of the Obligations 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, of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, guarantor of the Obligations 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 Collateral Agent or any Lenderother Secured Party.
Appears in 4 contracts
Samples: Credit Agreement (Shared Technologies Inc), Credit Agreement (Fairchild Semiconductor International Inc), Parent Guarantee Agreement (PSF Holdings LLC)
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.
Appears in 4 contracts
Samples: Credit Agreement (FRP Holdings, Inc.), Credit Agreement (Patriot Transportation Holding, Inc.), Credit Agreement (New Patriot Transportation Holding, Inc.)
Obligations Not Waived. To the fullest extent permitted by applicable law, each the Guarantor waives presentment to, demand of payment from and protest to the Borrower JCI 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 the Guarantor hereunder shall not be affected by (a) the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower JCI or any other Guarantor guarantor of the Obligations 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, of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, guarantor of the Obligations 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 Collateral Agent or any Lenderother Secured Party.
Appears in 3 contracts
Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), Guarantee Agreement (Jafra Cosmetics International Sa De Cv), Guarantee Agreement (Dirsamex Sa De Cv)
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 other Loan Parties 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 (ai) 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 Loan Agreement, any other Loan Document or otherwise, (bii) 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 Document or any other agreement, including with respect to any other Guarantor under this Agreement, or (ciii) 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.
Appears in 3 contracts
Samples: Bridge Loan Agreement (Kaneb Services LLC), Subsidiary Guarantee Agreement (Kaneb Pipe Line Partners L P), Subsidiary Guarantee Agreement (Kaneb Services LLC)
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 JCISA 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 Collateral Agent or any Lender other Secured Party 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, of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, 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 Collateral Agent or any Lenderother Secured Party.
Appears in 2 contracts
Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), Subsidiary Guarantee Agreement (Jafra Cosmetics International Sa De Cv)
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 Collateral Agent or any Lender other Secured Party 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 rescissionrecision, waiver, amendment or modification of, or any release from any of the terms or provisions of, of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, 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 Collateral Agent or any Lenderother Secured Party.
Appears in 2 contracts
Samples: Guarantee Agreement (American Media Operations Inc), Guarantee Agreement (Marketing Services Inc)
Obligations Not Waived. To the fullest extent permitted by applicable law, each the Guarantor waives presentment to, demand of payment from and protest to the Borrower JCISA 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 the Guarantor hereunder shall not be affected by (a) the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower JCISA or any other Guarantor guarantor of the Obligations 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, of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, guarantor of the Obligations 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 Collateral Agent or any Lenderother Secured Party.
Appears in 2 contracts
Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), Guarantee Agreement (Jafra Cosmetics International Sa De Cv)
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 Collateral Agent or any Lender other Secured Party 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 from, any of the terms or provisions of, of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, 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 Collateral Agent or any Lenderother Secured Party.
Appears in 2 contracts
Samples: Guarantee Agreement (Advance Stores Co Inc), Guarantee Agreement (Laralev Inc)
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 Company of any of the Obligations, and also waives notice of acceptance of its guarantee this Guaranty 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 Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower Company, any other Guarantor or any other Guarantor Person under the provisions of the Credit Note Purchase Agreement, any other Loan Document the Notes or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of, of this Agreement, any other Loan Documentthe Note Purchase Agreement, the Notes, any Guarantee guaranty or any other agreement, including with respect to any other Guarantor under this Agreement, Agreement or (c) the failure to perfect any security interest in, or the release of, any of the security security, if any, held by or on behalf of the Administrative Agent or any LenderSecured Party.
Appears in 2 contracts
Samples: Note Purchase Agreement (Woodward Governor Co), Note Purchase Agreement (Woodward Governor Co)
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 Collateral Agent or any Lender other Secured Party 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 Support Document or Secured Instrument or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of, of this Agreement, any other Loan Support Document, any Secured Instrument, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, 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 Collateral Agent or any Lenderother Secured Party.
Appears in 2 contracts
Samples: Credit Agreement (Leap Wireless International Inc), Guarantee Agreement (Leap Wireless International Inc)
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 Credit Parties 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 other Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Guarantor Credit Parties 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 Agreement or any other agreement, including with respect to any other Guarantor under this Agreement, or (c) the failure to perfect any security interest inin or lien on, or the release of, any of the security held by or on behalf of the Administrative Agent or any Lenderother Secured Party.
Appears in 2 contracts
Samples: Credit Agreement (Crown Holdings Inc), u.s. Guarantee Agreement (Crown Holdings Inc)
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 Sponsor 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 Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower Sponsor or any other Guarantor under the provisions of the Credit Loan Facility Agreement, any other Loan Operative 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 Operative 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 LenderGuaranteed Parties.
Appears in 2 contracts
Samples: Guaranty Agreement (Aaron Rents Inc), Loan Facility Agreement (Aaron Rents Inc)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment or protest to, demand of or payment from and protest to the Borrower other Loan Parties of any of the Guaranteed 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 (ai) 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, (bii) 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 guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (civ) 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.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Heico Corp), Revolving Credit Agreement (Heico Corp)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the any Borrower of any of the Obligations, and also waives notice of acceptance of its guarantee this Guaranty 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 Bank to assert any claim or demand or to enforce or exercise any right or remedy against the any 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, of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, 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 LenderBank.
Appears in 2 contracts
Samples: Credit Agreement (Valspar Corp), Credit Agreement (Valspar Corp)
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 Collateral Agent or any Lender other Secured Party 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 Credit Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of, of this Agreement, any other Loan Credit Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, 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 Collateral Agent or any Lenderother Secured Party.
Appears in 2 contracts
Samples: Subsidiary Guarantee Agreement (Century Maintenance Supply Inc), Subsidiary Guarantee Agreement (River Holding Corp)
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 Collateral Agent or any Lender other Secured Party 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 from, any of the terms or provisions of, of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, 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 Collateral Agent or any Lenderother Secured Party.
Appears in 2 contracts
Samples: Credit Agreement (Western Auto Supply Co/), Guarantee Agreement (Western Auto Supply Co/)
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 Loan Parties 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 other Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Guarantor Loan Parties 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 U.S. Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (c) the failure to perfect any security interest inin or lien on, or the release of, any of the security held by or on behalf of the U.S Administrative Agent or any Lenderother Secured Party.
Appears in 2 contracts
Samples: u.s. Guarantee Agreement (Crown Holdings Inc), Guarantee Agreement (Crown Holdings Inc)
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 JCI 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 Collateral Agent or any Lender other Secured Party 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, of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, 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 Collateral Agent or any Lenderother Secured Party.
Appears in 1 contract
Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from from, and protest to the Borrower Company or any Guarantor 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 (ai) the failure of the Administrative Agent or any Lender Purchasers to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower Company or any other Guarantor under the provisions of the Credit AgreementTransaction Documents, any other Loan Document or otherwise, (bii) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of, of this Guarantee Agreement, any other Loan Transaction Document, any Guarantee guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, Guarantee Agreement or (ciii) 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 LenderPurchasers.
Appears in 1 contract
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.
Appears in 1 contract
Obligations Not Waived. To the fullest extent permitted by applicable lawApplicable Law, each Guarantor waives presentment topresentment, demand of payment from and protest to the any Borrower of any of the Obligations, and also waives notice of acceptance of its guarantee this guaranty and notice of protest for nonpayment. To the fullest extent permitted by applicable lawApplicable Law, the obligations of each Guarantor hereunder shall not be affected by 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 any Borrower or any other Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwiseDocument, (b) any rescission, waiver, amendment or modification of, or any release of any other Guarantor from any of the terms or provisions of, of this Agreement, Agreement or 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 take, perfect any security interest in, or the release of, any of the security (if any) held by or on behalf of the Administrative Agent or any Lender.
Appears in 1 contract
Samples: Credit Agreement (Freds Inc)
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 Document 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.
Appears in 1 contract
Samples: Guaranty Agreement (Allete Inc)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment or protest to, demand of or requirement of payment from and protest to the Borrower other Loan Parties of any of the Guaranteed 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 (ai) 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, (bii) 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 guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (ciii) 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.
Appears in 1 contract
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 Collateral Agent or any Lender other Secured Party 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, of this Agreement, any other Loan Document, any Guarantee or any other 277 agreement, including with respect to any other Guarantor under this Agreement, 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 Collateral Agent or any Lenderother Secured Party.
Appears in 1 contract
Samples: Credit Agreement (Fairchild Semiconductor International Inc)
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 Lessee 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 Funding Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower Lessee or any other Guarantor under the provisions of the Credit Agreement, any other Loan Operative Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of, this Subsidiary Guaranty Agreement, any other Loan Document, any Guarantee Operative Document or any other agreement, including with respect to any other Guarantor under this Subsidiary Guaranty 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 LenderFunding Party.
Appears in 1 contract
Samples: Master Agreement (Ruby Tuesday Inc)
Obligations Not Waived. To the fullest extent permitted by applicable law, each the 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 the 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.
Appears in 1 contract
Samples: Guarantee Agreement (Hunt J B Transport Services Inc)
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 Lender 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 Lender or any Lender.
Appears in 1 contract
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from 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 Bank 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, Loan Agreement or any other Loan Document Document, or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of, of this Guarantee Agreement, any other Loan Document, any Guarantee guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, Guarantee Agreement or (c) the failure to perfect or any impairment of any security interest in, or the release of, any of the security held by or on behalf of the Administrative Agent or any LenderBank.
Appears in 1 contract
Samples: Guarantee Agreement (Find SVP Inc)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the any 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 Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the any 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 Collateral Agent or any Lenderother Secured Party.
Appears in 1 contract
Samples: Credit Agreement (Trimas Corp)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the any 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 Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the any 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 Collateral Agent or any Lender.other Secured Party or
Appears in 1 contract
Samples: Credit Agreement (Trimas Corp)
Obligations Not Waived. To the fullest extent permitted by applicable law, each the Guarantor waives presentment to, demand of payment from from, and protest to the Borrower Borrowers 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 the 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 Borrowers or any other Guarantor under the provisions of the Credit Agreement, Agreement or any other Loan Document Document, or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from from, any of the terms or provisions of, of this Guaranty Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this (as defined in the Credit 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.
Appears in 1 contract
Samples: Parent Guaranty Agreement (Newtek Business Services Corp.)
Obligations Not Waived. To the fullest extent permitted by applicable law, each the Guarantor waives presentment to, demand of payment from and protest to the Borrower DCJ 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 the Guarantor hereunder shall not be affected by (a) the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower DCJ or any other Guarantor guarantor of the Obligations 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, of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, guarantor of the Obligations 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 Collateral Agent or any Lenderother Secured Party.
Appears in 1 contract
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the each 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 either Agent or Issuing Bank or any Lender Bank to assert any claim or demand or to enforce or exercise any right or remedy against the either 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, of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, 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 either Agent or Issuing Bank or any LenderBank.
Appears in 1 contract
Samples: Competitive Advance and Revolving Credit Facilities Agreement (Great Atlantic & Pacific Tea Co Inc)
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 Guaranty 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.
Appears in 1 contract
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.
Appears in 1 contract
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 Guaranteed 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 Guaranty Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Guaranty Agreement, or (c) the failure to perfect any security interest in, or the release of, any of the security collateral held by or on behalf of the Administrative Agent or any Lender.
Appears in 1 contract
Samples: Revolving Credit Agreement (Outback Steakhouse Inc)
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 Company of any of the Obligations, and also waives notice of acceptance of its guarantee this Guaranty 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 Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower Company, any other Guarantor or any other Guarantor Person under the provisions of the Credit Note Purchase Agreement, any other Loan Document the Notes or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of, of this Agreement, any other Loan Documentthe Note Purchase Agreement, the Notes, any Guarantee guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, Agreement or (c) the failure to perfect any security interest in, or the release of, any of the security security, if any, held by or on behalf of the Administrative Agent or any LenderSecured Party.
Appears in 1 contract
Obligations Not Waived. To the fullest extent permitted by applicable law, each the 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 the Guarantor hereunder shall not be affected by (a) the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Guarantor of the Obligations 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, of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, of the Obligations 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 Collateral Agent or any Lenderother Secured Party.
Appears in 1 contract
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 Guaranty 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 Guaranty 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.
Appears in 1 contract
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the any 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 Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the any 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 Collateral Agent or any Lenderother Secured Party or (d) any other act or omission that may or might in any manner or to any extent vary the risk of any Guarantor or otherwise operate as a discharge of any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
Samples: Credit Agreement (Trimas Corp)
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 DCJ 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 Collateral Agent or any Lender other Secured Party 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, of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, 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 Collateral Agent or any Lenderother Secured Party.
Appears in 1 contract
Samples: Mexican Subsidiary Guarantee Agreement (Dirsamex Sa De Cv)
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 Borrowers of any of the Obligations, and also waives 248 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 Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the either 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, of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, 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 Collateral Agent or any Lenderother Secured Party.
Appears in 1 contract
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment or protest to, demand of or payment from and protest to the Borrower other Loan Parties of any of the Guaranteed 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 (ai) the failure of the Administrative Agent or any Lender Secured Party 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, Agreement or any other Loan Document Document, or otherwise, (bii) the failure of any Secured Party 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 or any instruments, agreements or documents executed in connection with any Hedging Transaction (each such document, a “Hedging Document”), (iii) 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 Hedging Document, or any other agreementguarantee, including with respect to any other Guarantor under this Agreement, or (civ) the failure to perfect any security interest Security Interest in, or the release of, any of the security held by or on behalf of the Administrative Agent or any LenderSecured Party.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Bristow Group Inc)
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 other Loan Parties 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 (ai) 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, (bii) 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 Document or any other agreement, including with respect to any other Guarantor under this Agreement, or (ciii) 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.
Appears in 1 contract
Samples: Revolving Credit Agreement (Kaneb Pipe Line Partners L P)