Common use of Obligations Not Waived Clause in Contracts

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documents, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documents, the Guarantee of each Guarantor hereunder shall not be affected by (a) the failure of any Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any Guarantor under the provisions of this Agreement, any other Loan Document or otherwise; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any Guarantor under the Loan Documents; (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 4 contracts

Samples: Aircraft Security Agreement (Bristow Group Inc), Possession Credit Agreement (Bristow Group Inc), Credit Agreement (Bristow Group Inc)

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Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower or and any other person guarantor of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any Loan other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any Guarantor other guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; , (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee Guarantee or any other agreement or instrumentagreement, including with respect to any other Guarantor under the Loan Documents; this Agreement, or (dc) the release of (or the failure to take or perfect a any security interest in) , or the release of, any of the collateral security held by or on behalf of the Administrative Agent or any other Secured Guaranteed Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan DocumentsLaw, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person Person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan DocumentsLaw, the Guarantee guarantee of each Guarantor hereunder shall not be affected by (a) the failure of any Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any Guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any Guarantor under the Loan Documents; (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the ObligationsGuarantor.

Appears in 3 contracts

Samples: Credit Agreement (Ashland Global Holdings Inc), Credit Agreement (Valvoline Inc), Credit Agreement (Ashland Inc.)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment or protest to, demand of or payment from and protest to the Borrower or any other person Loan Parties of any of the Guaranteed Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Guarantor hereunder shall not be affected by (a) the failure of the Administrative Agent, any Loan Party Issuing Bank 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 this the Credit Agreement, any other Loan Document Document, any agreement relating to Hedging Obligations or Treasury Management Obligations or otherwise; , (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of of, this Agreement, the Credit Agreement, any other Loan Document, any agreement relating to Hedging Obligations or Treasury Management Obligations, any guarantee or any other agreement or instrumentagreement, including with respect to any other Guarantor under the Loan Documents; this Agreement or (dc) the release of (or the failure to perfect a any security interest in) , or the release of, any of the security held by or on behalf of the Administrative Agent Agent, any Issuing Bank or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the ObligationsLender.

Appears in 3 contracts

Samples: Credit Agreement (Aaron's Company, Inc.), Credit Agreement (Aaron's Company, Inc.), Credit Agreement (Aaron's Company, Inc.)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person of any of the Credit Agreement Obligations and Existing Notes Obligations (collectively, the “Obligations”), and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee Guaranty of each Guarantor hereunder shall not be affected by (a) the failure of any Loan Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any Guarantor under the provisions of this the Credit Agreement, any other Loan Document the Existing Notes, the Existing Notes Indenture or otherwise; (b) any extension, renewal or increase of or in any of the Secured Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, the Existing Notes Indenture, any guarantee or any other agreement or instrument, including with respect to any Guarantor under the Loan Documents; (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 3 contracts

Samples: Security Agreement (Health Management Associates Inc), Security Agreement (Health Management Associates Inc), Supplemental Indenture (Health Management Associates Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documents, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person of any of the Secured Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documents, the Guarantee of each Guarantor hereunder shall not be affected by (a) the failure of any Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any Guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; (b) any extension, renewal or increase of or in any of the Secured Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any Guarantor under the Loan Documents; (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Secured Obligations.

Appears in 3 contracts

Samples: Intercreditor Agreement (Toys R Us Inc), Intercreditor Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the any Borrower or any other person guarantor of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Subsidiary Guarantor hereunder shall not be affected by, and each Subsidiary Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any Loan other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the any Borrower or any Guarantor other guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; , (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee Guarantee or any other agreement or instrumentagreement, including with respect to any other Subsidiary Guarantor under the Loan Documents; this Agreement, (dc) the release of (or the failure to take or perfect a any security interest in) , or the release of, any of the collateral security held by or on behalf of the Administrative Agent or any other Secured Party; Guaranteed Party or (ed) the failure or delay of any Secured Party person to exercise any right or remedy against the Borrower or any Guarantor comply with Section 5.01(l) of the ObligationsCredit Agreement or Section 19 hereof.

Appears in 2 contracts

Samples: Credit Agreement (Rayonier Inc), Subsidiary Guarantee Agreement (Rayonier Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower or and any other person guarantor of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any Loan other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any Guarantor other guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; , (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee Guarantee or any other agreement or instrumentagreement, including with respect to any other Guarantor under the Loan Documents; this Agreement, (dc) the release of (or the failure to take or perfect a any security interest in) , or the release of, any of the collateral security held by or on behalf of the Administrative Agent or any other Secured Party; Guaranteed Party or (ed) the failure or delay of any Secured Party person to exercise any right or remedy against the Borrower or any Guarantor comply with Section 5.01(l) of the ObligationsCredit Agreement, Section 19 of the RFR Subsidiary Guarantee Agreement, Section 19 of the TRS Subsidiary Guarantee Agreement or Section 19 of the any Additional Subsidiary Guarantor Guarantee Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Rayonier Inc), Subsidiary Guarantee Agreement (Rayonier Inc)

Obligations Not Waived. (a) To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Revolving Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower or and any other person guarantor of any of the Revolving Credit Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Revolving Guarantor hereunder shall not be affected by, and each Revolving Guarantor hereby waives any defense arising by reason of, (ai) the failure of the Administrative Agent or any Loan other Revolving Credit Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any Guarantor other guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; , (b) any extension, renewal or increase of or in any of the Obligations; (cii) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee Guarantee or any other agreement or instrumentagreement, including with respect to any other Guarantor under the Loan Documents; this Agreement, or (diii) the release of (or the failure to take or perfect a any security interest in) , or the release of, any of the collateral security held by or on behalf of the Administrative Agent or any other Secured Revolving Credit Guaranteed Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower Borrowers or any other person Person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of any Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower Borrowers or any Guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any Guarantor under the Loan Documents; (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower Borrowers or any Guarantor of the Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Smith & Wesson Holding Corp), Subsidiary Guaranty (Smith & Wesson Holding Corp)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or RLP and any other person guarantor of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (ai) the failure of the Administrative Agent or any Loan other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower RLP or any Guarantor other guarantor under the provisions of this the Credit Agreement, the Incremental Term Loan Agreement, any other Loan Document or otherwise; , (b) any extension, renewal or increase of or in any of the Obligations; (cii) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee Guarantee or any other agreement or instrumentagreement, including with respect to any other Guarantor under the Loan Documents; this Agreement, or (diii) the release of (or the failure to take or perfect a any security interest in) , or the release of, any of the collateral security held by or on behalf of the Administrative Agent or any other Secured Guaranteed Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 2 contracts

Samples: Guarantee Agreement (Rayonier, L.P.), Fourth Amendment and Incremental Term Loan Agreement (Rayonier, L.P.)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in law, the other Loan Documents, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or to any other person guarantor of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each the Guarantor hereunder shall not be affected by (a) the failure of the Agent or any Loan Party Lender to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any Guarantor other guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; , (b) any extension, extension or renewal or increase of or in any of the Obligations; , (c) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan DocumentDocument or any other guaranty, (d) the failure or delay of any guarantee Lender to exercise any right or remedy against any other guarantor of the Obligations, (e) the failure of any Lender to assert any claim or demand or to enforce any remedy under any Loan Document or any other agreement or instrument, including with respect to any Guarantor under the Loan Documents; (d) the release of (or the failure to perfect a security interest inf) any default, failure or delay, wilful or otherwise, in the performance of the security held by or on behalf of the Administrative Agent or any other Secured PartyObligations; or (eg) the failure any other act, omission or delay of to do any Secured Party other act which may or might in any manner or to exercise any right or remedy against extent vary the Borrower or any Guarantor risk of the ObligationsGuarantor or otherwise operate as a discharge of the Guarantor as a matter of law or equity.

Appears in 2 contracts

Samples: Credit Facility Agreement (Janus Capital Group Inc), Credit Facility Agreement (Janus Capital Group Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment or protest to, demand of or payment from and protest to the Borrower or any other person Loan Parties of any of the Guaranteed Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee 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, (ii) the failure of any Loan 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 this Agreementor any instruments, agreements or documents executed in connection with any other Loan Document Hedging Transaction incurred to limit interest rate or otherwise; fee fluctuation with respect to the Loans entered into with a Specified Hedge Provider (b) any extensioneach such document, renewal or increase of or in any of the Obligations; a “Hedging Document”), (ciii) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of of, this Agreement, the Credit Agreement, any other Loan Document, any Hedging Document, any guarantee or any other agreement or instrumentagreement, including with respect to any other Guarantor under the Loan Documents; this Agreement, or (div) the release of (or the failure to perfect a any security interest in) , or the release of, any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 2 contracts

Samples: Subsidiary Guaranty Agreement (Kayne Anderson Energy Development Co), Subsidiary Guaranty Agreement (Kayne Anderson Energy Development Co)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee Guaranty of each Guarantor hereunder shall not be affected by (a) the failure of any Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any Guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any Guarantor under the Loan Documents; (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Collateral Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 2 contracts

Samples: First Lien Guaranty (RiskMetrics Group Inc), Second Lien Guaranty (RiskMetrics Group Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person Borrowers of any of the Guarantied Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Guarantor hereunder shall not be affected by (a) the failure of the Administrative Agent or any Loan Guarantied 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 this the Credit Agreement, any other Loan Document or otherwise; , (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of of, this Agreement, the Credit Agreement, Agreement any other Loan Document, any guarantee Guaranty or any other agreement or instrumentagreement, including with respect to any other Guarantor under the Loan Documents; this Agreement, or (dc) the release of (or the failure to perfect a any security interest in) , or the release of, any of the security held by or on behalf of the Administrative Agent or any other Secured Guarantied Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor . Each of the ObligationsGuarantors authorizes the Administrative Agent and each of the other Guarantied Parties to (a) take and hold additional security for payment of the Guarantied Obligations and exchange, enforce, waive and release any security, (b) apply security and direct the order or manner of sale thereof as they in their sole discretion may determine and (c) release or substitute any one or more endorsees, other Guarantors or other obligors.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Fortegra Financial Corp), Subsidiary Guaranty Agreement (Fortegra Financial Corp)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment or protest to, demand of or payment from and protest to the Borrower or any other person Loan Parties of any of the Guaranteed Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee 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, (ii) the failure of any Loan 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 incurred to limit interest rate or fee fluctuation with respect to the Loans and Letters of this AgreementCredit entered into with a Specified Hedge Provider (each such document, any other Loan Document or otherwise; a “Hedging Document”), (b) any extension, renewal or increase of or in any of the Obligations; (ciii) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of of, this Agreement, the Credit Agreement, any other Loan Document, any Hedging Document, any guarantee or any other agreement or instrumentagreement, including with respect to any other Guarantor under the Loan Documents; this Agreement, or (div) the release of (or the failure to perfect a any security interest in) , or the release of, any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 2 contracts

Samples: Subsidiary Guaranty Agreement (Newmarket Corp), Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan DocumentsLaw, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person Person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee guarantee of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of any Loan Party Person to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower Borrower, any Subsidiary Guarantor or any Guarantor other Person under the provisions of this the Credit Agreement, any other Loan Document or otherwiseotherwise in connection therewith; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any Guarantor guarantor under the Loan Documents; (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Guaranteed Party to assert any claim or demand, or exercise any right or remedy against any Loan Party, any other guarantor of the Borrower Obligations or any Guarantor other Person; or (e) any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act, omission or delay to do any other act that may or might in any manner or to any extent vary the risk of any guarantor or that would otherwise operate as a discharge of any Subsidiary Guarantor as a matter of law or equity (other than the payment in full in cash of all the Obligations (other than contingent indemnification obligations for which no claim has been asserted) and the termination of all Commitments) or which would impair or eliminate any right of any Subsidiary Guarantor to subrogation.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (Ansys Inc), Subsidiary Guarantee Agreement (Ansys Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower TRS or any other person guarantor of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Subsidiary Guarantor hereunder shall not be affected by, and each Subsidiary Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any Loan other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the any Borrower or any Guarantor other guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; , (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee Guarantee or any other agreement or instrumentagreement, including with respect to any other Subsidiary Guarantor under the Loan Documents; this Agreement, (dc) the release of (or the failure to take or perfect a any security interest in) , or the release of, any of the collateral security held by or on behalf of the Administrative Agent or any other Secured Party; Guaranteed Party or (ed) the failure or delay of any Secured Party person to exercise any right or remedy against the Borrower or any Guarantor comply with Section 5.01(l) of the ObligationsCredit Agreement or Section 19 hereof.

Appears in 2 contracts

Samples: Credit Agreement (Rayonier Inc), Subsidiary Guarantee Agreement (Rayonier Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or ROC and any other person guarantor of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (ai) the failure of the Administrative Agent or any Loan other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower ROC or any Guarantor other guarantor under the provisions of this the Credit Agreement, the Incremental Term Loan Agreement any other Loan Document or otherwise; , (b) any extension, renewal or increase of or in any of the Obligations; (cii) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee Guarantee or any other agreement or instrumentagreement, including with respect to any other Guarantor under the Loan Documents; this Agreement, or (diii) the release of (or the failure to take or perfect a any security interest in) , or the release of, any of the collateral security held by or on behalf of the Administrative Agent or any other Secured Guaranteed Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 2 contracts

Samples: Incremental Term Loan Agreement (Rayonier Inc), 2016 Guarantee Agreement (Rayonier Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor of the Guarantors waives presentment to, demand of payment from and protest to the Borrower or any other person Person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment nonpayment, and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Guarantor hereunder shall not be affected by (a) the failure of any Loan Lending 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 this the Credit Agreement, any other Loan Document or otherwise; , (b) any extension, renewal or increase of or in any of the Obligations; , (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any the Guarantor under the Loan Documents; this Agreement, (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Agent or any other Secured Party; Lending Party or (e) the failure or delay of any Secured Lending Party to exercise any right or remedy against the Borrower or any Guarantor other guarantor of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Boise Cascade Corp)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in law, the other Loan Documents, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each the Guarantor hereunder shall not be affected by (a) the failure of any Loan 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 this the Credit Agreement, any other Loan Document or otherwise; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any Other Guarantor under the Loan Documents; (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Collateral Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Other Guarantor of the Obligations.

Appears in 1 contract

Samples: Landlord Access Agreement (Sola International Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in law, the other Loan Documents, each Guarantor waives presentment or protest to, demand of or payment from and protest to the Borrower or any other person Loan Parties of any of the Guaranteed Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee 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 under the provisions of the Credit Agreement, any other Loan Document or otherwise, (ii) the failure of any Loan 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 this Agreementany instruments, agreements or documents executed in connection with any other Loan Document Hedging Transaction incurred to limit interest rate or otherwise; fee fluctuation with respect to the Loans and Letters of Credit entered into with a Specified Hedge Provider (beach such document, a “Hedging Document”) any extension, renewal or increase of or in any of the Obligations; (ciii) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of of, this Agreement, the Credit Agreement, any other Loan Document, any Hedging Document, any guarantee or any other agreement or instrumentagreement, including with respect to any other Guarantor under the Loan Documents; this Agreement, or (div) the release of (or the failure to perfect a any security interest in) , or the release of, any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 1 contract

Samples: Parent Guaranty Agreement (United Industrial Corp /De/)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment to, demand of payment from and protest to the each Borrower (or if such Guarantor is a Borrower, each other Borrower) or any other person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesany requirement that the Collateral Agent or any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Guarantor hereunder shall not be affected by (a) the failure of the Collateral Agent or any Loan other Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower any Borrower, any other Guarantor or any Guarantor other guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; otherwise for any reason, (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiverwaiver (except the effect of any waiver obtained pursuant to Section 12(b)), amendment or modification of, or any release from, of any of the Borrower or any other Guarantor from any terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee other Guaranty or any other agreement or instrumentagreement, including with respect to any other Guarantor under the Loan Documents; this Agreement, (dc) the release of (or the failure to perfect a any security interest in) , or the release of, any of the security held by or on behalf of the Administrative Collateral Agent or any other Secured Party; , (d) any right that any Guarantor may now or hereafter have under Section 3-606 of the UCC or otherwise to unimpaired collateral or (e) any other circumstance that might in any manner or to any extent otherwise constitute a defense available to, vary the failure risk of, or delay operate as a discharge of, such Guarantor as a matter of any Secured Party to exercise any right law or remedy against the Borrower or any Guarantor of the Obligationsequity.

Appears in 1 contract

Samples: Pledge Agreement (Great Atlantic & Pacific Tea Co Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Guarantor hereunder shall not be affected by by, and shall remain unconditional, irrevocable and absolute irrespective of: (a) the failure of the Administrative Agent or any Loan other Finance Party (i) 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 this the Credit Agreement, any other Loan Document or otherwise; any Platinum Lease or otherwise or (ii) to exercise any right or remedy against any other Guarantor of, or collateral securing, any Obligations, (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiverwaiver (except the effect of any waiver obtained pursuant to Section 11(b)), amendment or modification of, or any release from, from any of the terms or provisions of this Agreement, the Credit Agreementany other Loan Document or Platinum Lease, any other Loan Document, any guarantee Guarantee or any other agreement or instrument(in each case pursuant to the terms thereof), including with respect to any other Guarantor under this Agreement, or (c) any addition, exchange or release of any collateral or of any Person that is (or will become) a guarantor (including a Guarantor hereunder) of the Loan Documents; Obligations, or any surrender or non-perfection of any collateral, or any amendment to, or waiver or release of, or addition to, or consent to or departure from, any other guaranty held by any Finance Party securing any of the Obligations, or (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Agent or any other Secured Party; circumstance which might otherwise constitute a defense available to, or (e) the failure a legal or delay of equitable discharge of, any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the ObligationsGuarantor.

Appears in 1 contract

Samples: Guarantee Agreement (Seagate Technology PLC)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan DocumentsLaw, each Foreign Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower Borrowers or any other person Person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan DocumentsLaw, the Guarantee guarantee of each Foreign Subsidiary Guarantor hereunder shall not be affected by (a) the failure of any Loan Party Person to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower Borrowers or any Guarantor guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this AgreementGuaranty, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any Guarantor guarantor under the Loan Documents; (d) the release fact that any obligor of (or the failure to perfect a security interest in) any of the security held by or on behalf of Obligations was not such an obligor at the Administrative Agent or any other Secured Partytime such Foreign Subsidiary Guarantor became party to this Guaranty; or (e) the failure or delay of any Secured Guaranteed Party to exercise any right or remedy against the Borrower any Loan Party or any Guarantor other guarantor of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (WEX Inc.)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in law, the other Loan Documents, each Guarantor Company waives presentment to, demand of payment from and protest to the Borrower Designated Borrowers or any other person Person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee guarantee of each Guarantor the Company hereunder shall not be affected by (a) the failure of any Loan Party Person to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower Designated Borrowers or any Guarantor guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this AgreementGuaranty, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any Guarantor guarantor under the Loan Documents; (d) the release fact that any obligor of (or the failure to perfect a security interest in) any of the security held by or on behalf of Obligations was not such an obligor at such time the Administrative Agent or any other Secured PartyCompany became party to this Guaranty; or (e) the failure or delay of any Secured Guaranteed Party to exercise any right or remedy against the Borrower any Loan Party or any Guarantor other guarantor of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (Wright Express CORP)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower Borrowers or any other person Person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee guarantee of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of any Loan Party Person to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower Borrowers or any Guarantor guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this AgreementGuaranty, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any Guarantor guarantor under the Loan Documents; (d) the release fact that any obligor of (or the failure to perfect a security interest in) any of the security held by or on behalf of Obligations was not such an obligor at the Administrative Agent or any other Secured Partytime such Subsidiary Guarantor became party to this Guaranty; or (e) the failure or delay of any Secured Guaranteed Party to exercise any right or remedy against the Borrower any Loan Party or any Guarantor other guarantor of the Obligations.

Appears in 1 contract

Samples: Domestic Subsidiary Guaranty (Wright Express CORP)

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Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment nonpayment, and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of any Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the Company, the Borrower or any other Subsidiary Guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; , (b) any extension, renewal or increase of or in any of the Obligations; , (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any other Subsidiary Guarantor under this Agreement and with respect to the Loan Documents; Company under Article IX of the Credit Agreement, (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Collateral Agent or any other Secured Party; Party or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor other guarantor of the Obligations.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Playboy Enterprises Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person of any of the Secured Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee Guaranty of each Guarantor hereunder shall not be affected by (a) the failure of any Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any Guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; (b) any extension, renewal or increase of or in any of the Secured Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any Guarantor under the Loan Documents; (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Secured Obligations.

Appears in 1 contract

Samples: Security Agreement (Brocade Communications Systems Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment or protest to, demand of or payment from and protest to the Borrower or any other person Loan Parties of any of the Guaranteed Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Guarantor hereunder shall not be affected by (ai) the failure of any Loan 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 this Agreement, the Credit Agreement or any other Loan Document Document, or the Letter of Credit Facility or any other LCF Document, or otherwise; , (bii) the failure of any extensionSecured 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, renewal agreements or increase of or documents executed in connection with any of the Obligations; Hedging Transaction (ceach such document, a “Hedging Document”), (iii) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of of, this Agreement, the Credit Agreement, any other Loan Document or LCF Document, any guarantee Hedging Document, or any other agreement or instrumentguarantee, including with respect to any other Guarantor under the Loan Documents; this Agreement, or (div) the release of (or the failure to perfect a security interest any Security Interest in) , or the release of, any of the security held by or on behalf of the Administrative Collateral Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 1 contract

Samples: Revolving Credit Agreement (Bristow Group Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in law, the other Loan Documents, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or to any other person guarantor of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each the Guarantor hereunder shall not be affected by (a) the failure of the Administrative Agent or any Loan Party Lender to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any Guarantor other guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; , (b) any extension, extension or renewal or increase of or in any of the Obligations; , (c) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan DocumentDocument or any other guarantee, (d) the failure or delay of any guarantee Lender to exercise any right or remedy against any other guarantor of the Obligations, (e) the failure of any Lender to assert any claim or demand or to enforce any remedy under any Loan Document or any other agreement or instrument, including with respect to any Guarantor under the Loan Documents; (d) the release of (or the failure to perfect a security interest inf) any default, failure or delay, wilful or otherwise, in the performance of the security held by or on behalf of the Administrative Agent or any other Secured PartyObligations; or (eg) the failure any other act, omission or delay of to do any Secured Party other act which may or might in any manner or to exercise any right or remedy against extent vary the Borrower or any Guarantor risk of the ObligationsGuarantor or otherwise operate as a discharge of the Guarantor as a matter of law or equity.

Appears in 1 contract

Samples: Facility Agreement (Janus Capital Group Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Guarantor hereunder shall not be affected by by, and shall remain unconditional, irrevocable and absolute irrespective of: (a) the failure of the Administrative Agent or any Loan other Secured Party (i) 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 this the Credit Agreement, any other Loan Document or otherwise; any Platinum Lease or otherwise or (ii) to exercise any right or remedy against any other Guarantor of, or collateral securing, any Obligations, (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiverwaiver (except the effect of any waiver obtained pursuant to Section 12(b)), amendment or modification of, or any release from, from any of the terms or provisions of this Agreement, the Credit Agreementany other Loan Document or Platinum Lease, any other Loan Document, any guarantee Guarantee or any other agreement or instrument(in each case pursuant to the terms thereof), including with respect to any other Guarantor under this Agreement, or (c) any addition, exchange or release of any collateral or of any Person that is (or will become) a guarantor (including a Guarantor hereunder) of the Loan DocumentsObligations, or any surrender or non-perfection of any collateral, or any amendment to, or waiver or release of, or addition to, or consent to or departure from, any other guaranty held by any Secured Party securing any of the Obligations; or (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Agent or any other Secured Party; circumstance which might otherwise constitute a defense available to, or (e) the failure a legal or delay of equitable discharge of, any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the ObligationsGuarantor.

Appears in 1 contract

Samples: Guarantee Agreement (Seagate Technology PLC)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person of any of the Guaranteed Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of the Collateral Agent or any Loan other Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Subsidiary Guarantor under the provisions of this either Credit Agreement, any other Loan Document or otherwise; , (b) any extension, renewal or increase of or in any of the Guaranteed Obligations; , (c) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee Guarantee or any other agreement or instrument, including with respect to any other Subsidiary Guarantor under the Loan Documents; this Agreement, (d) the release of (or the failure to perfect a any security interest in) , or the release of, any of the security held by or on behalf of the Administrative Collateral Agent or any other Secured Party; Party or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor other guarantor of the Guaranteed Obligations.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (McLeodusa Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment or protest to, demand of or payment from and protest to the Borrower or any other person Loan Parties of any of the Guaranteed Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee 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 Borrowers or any other Guarantor under the provisions of the Amended and Restated Credit Agreement, any other Loan Document or otherwise, (ii) the failure of any Loan Secured 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 this Agreementany instruments, agreements or documents executed in connection with any other Loan Document Hedging Transaction incurred to limit interest rate or otherwise; fee fluctuation with respect to the Loans and Letters of Credit entered into with a Specified Hedge Provider (beach such document, a “Hedging Document”) any extension, renewal or increase of or in any of the Obligations; (ciii) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of of, this Agreement, the Credit Agreement, any other Loan Document, any Hedging Document, any guarantee or any other agreement or instrumentagreement, including with respect to any other Guarantor under the Loan Documents; this Agreement, or (div) the release of (or the failure to perfect a any security interest in) , or the release of, any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (United Industrial Corp /De/)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person Person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee guarantee of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of any Loan Party Person to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any Guarantor guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this AgreementGuaranty, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any Guarantor guarantor under the Loan Documents; or (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Guaranteed Party to exercise any right or remedy against the Borrower any Loan Party or any Guarantor other guarantor of the Obligations.

Appears in 1 contract

Samples: Guaranty (Wright Express CORP)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documents, each Guarantor Domestic Loan Party waives presentment to, demand of 192 payment from and protest to the Borrower Borrowers or any other person of any of the Secured Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documents, the Guarantee of each Guarantor Domestic Loan Party hereunder shall not be affected by (a) the failure of any Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower Borrowers or any Guarantor Domestic Loan Party under the provisions of this Agreement, any other Loan Document or otherwise; (b) any extension, renewal or increase of or in any of the Secured Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any Guarantor Domestic Loan Party under the Loan Documents; (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower Borrowers or any Guarantor Loan Party of the Secured Obligations.

Appears in 1 contract

Samples: Possession Credit Agreement (Toys R Us Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan DocumentsLaw, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person Person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee guarantee of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of any Loan Party Person to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower Borrower, any Subsidiary Guarantor or any Guarantor other Person under the provisions of this Agreement, any other Loan Document or otherwiseotherwise in connection therewith; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any Guarantor guarantor under the Loan Documents; (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Guaranteed Party to assert any claim or demand, or exercise any right or remedy against any Loan Party, any other guarantor of the Borrower Obligations or any Guarantor other Person; or (e) any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act, omission or delay to do any other act that may or might in any manner or to any extent vary the risk of any guarantor or that would otherwise operate as a discharge of any Subsidiary Guarantor as a matter of law or equity (other than the payment in full in cash of all the Obligations (other than contingent indemnification obligations for which no claim has been asserted) and the termination of all Commitments) or which would impair or eliminate any right of any Subsidiary Guarantor to subrogation.

Appears in 1 contract

Samples: Credit Agreement (Ansys Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person of any of the Credit Agreement Obligations and Existing Notes Obligations (collectively, the “Secured Obligations”), and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee Guaranty of each Guarantor hereunder shall not be affected by (a) the failure of any Loan Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any Guarantor under the provisions of this the Credit Agreement, any other Loan Document Document, the Existing Notes, the Existing Notes Indenture or otherwise; (b) any extension, renewal or increase of or in any of the Secured Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, the Existing Notes Indenture, any guarantee or any other agreement or instrument, including with respect to any Guarantor under the Loan Documents; (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Secured Obligations.

Appears in 1 contract

Samples: Credit Agreement (Health Management Associates Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment or protest to, demand of or payment from and protest to the Borrower or any other person Loan Parties of any of the Guaranteed Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee 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, (ii) the failure of any Loan Guaranteed 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 incurred to limit interest rate or fee fluctuation with respect to the Loans and Letters of this AgreementCredit entered into with a Specified Hedge Provider (each such document, any other Loan Document or otherwise; a “Hedging Document”), (b) any extension, renewal or increase of or in any of the Obligations; (ciii) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of of, this Agreement, the Credit Agreement, any other Loan Document, any Hedging Document, any guarantee or any other agreement or instrumentagreement, including with respect to any other Guarantor under the Loan Documents; this Agreement, or (div) the release of (or the failure to perfect a any security interest in) , or the release of, any of the security held by or on behalf of the Administrative Agent or any other Secured Guaranteed Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Walter Investment Management Corp)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in Law, the other Loan Documents, each Guarantor Company waives presentment to, demand of payment from and protest to the Borrower Designated Borrowers or any other person Person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan DocumentsLaw, the Guarantee guarantee of each Guarantor the Company hereunder shall not be affected by (a) the failure of any Loan Party Person to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower Designated Borrowers or any Guarantor guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; (b) any extension, renewal or increase of or in any of the Obligations; (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this AgreementGuaranty, the Credit Agreement, any other Loan Document, any guarantee or any other agreement or instrument, including with respect to any Guarantor guarantor under the Loan Documents; (d) the release fact that any obligor of (or the failure to perfect a security interest in) any of the security held by or on behalf of Obligations was not such an obligor at such time the Administrative Agent or any other Secured PartyCompany became party to this Guaranty; or (e) the failure or delay of any Secured Guaranteed Party to exercise any right or remedy against the Borrower any Loan Party or any Guarantor other guarantor of the Guaranteed Obligations.

Appears in 1 contract

Samples: Guaranty (WEX Inc.)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment or protest to, demand of or payment from and protest to the Borrower or any other person Loan Parties of any of the Guaranteed Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee 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, (ii) the failure of any Loan 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 this Agreementany instruments, agreements or documents executed in connection with any other Loan Document Hedging Transaction incurred to limit interest rate or otherwise; fee fluctuation with respect to the Loans and Letters of Credit entered into with a Specified Hedge Provider (beach such document, a “Hedging Document”) any extension, renewal or increase of or in any of the Obligations; (ciii) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of of, this Agreement, the Credit Agreement, any other Loan Document, any Hedging Document, any guarantee or any other agreement or instrumentagreement, including with respect to any other Guarantor under the Loan Documents; this Agreement, or (div) the release of (or the failure to perfect a any security interest in) , or the release of, any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrower or any Guarantor of the Obligations.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (United Industrial Corp /De/)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives diligence, presentment to, demand of payment from and protest to from, filing of claims with a court in the event of receivership or bankruptcy of the Borrower or any other person of any guarantor of the Obligations, all setoffs and also to the extent permitted by law counterclaims and except as otherwise provided all presentments, demands for herein or in the other Loan Documents waives notice performance, notices of nonperformance, protests, notices of protest, notices of dishonor and notices of acceptance of its guarantee, notice the benefits of protest for nonpayment all statutes of limitations, and all other formalitiesdemands whatsoever except as specifically provided herein. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Guarantor hereunder shall not be affected by (a) affected, irrespective of: the failure of any Loan the Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any Guarantor other guarantor under the provisions of this the Credit Agreement, any other Loan Related Document or otherwise; (b) any extension, extension or renewal or increase of any other indulgence in relation to any provision hereof or in any of the Obligationsthereof; (c) any rescission, waiver, compromise, acceleration, amendment or modification of, or any release from, from any of the terms or provisions of of, this Agreement, the Credit Agreement, any other Loan Related Document, any guarantee or any other agreement or instrumentagreement, including with respect to any other Guarantor under this Agreement; the Loan Documents; (d) the release release, exchange, waiver or foreclosure of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Agent or any other Secured Party; or (e) the failure or delay of any the Secured Party to exercise take any right steps to perfect and maintain its security interest in, or remedy against the Borrower or to preserve its rights to, any Guarantor of the security or collateral held by or on behalf of the Secured Party for the Obligations.;

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Luminent Mortgage Capital Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or any other person of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, notice of protest for nonpayment nonpayment, and all other formalities. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each Guarantor hereunder shall not be affected by (a) the failure of any Loan Party Obligor 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 this the Credit Agreement, any other Loan Credit Document or otherwise; , (b) any extension, renewal or increase of or in any of the Obligations; , (c) any rescission, waiver, amendment or modification of, or any release from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Credit Document, any guarantee or any other agreement or instrument, including with respect to any other Guarantor under the Loan Documents; this Agreement, (d) the release of (or the failure to perfect a security interest in) any of the security held by or on behalf of the Administrative Collateral Agent or any other Secured Party; Obligee or (e) the failure or delay of any Secured Party Obligee to exercise any right or remedy against the Borrower or any Guarantor other guarantor of the Obligations.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Cross Country Inc)

Obligations Not Waived. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in law, the other Loan Documents, each Guarantor waives presentment to, demand of payment from and protest to the Borrower or to any other person guarantor of any of the Obligations, and also to the extent permitted by law and except as otherwise provided for herein or in the other Loan Documents waives notice of acceptance of its guarantee, guarantee and notice of protest for nonpayment and all other formalitiesnonpayment. To the fullest extent permitted by applicable law and except as otherwise provided for herein or in the other Loan Documentslaw, the Guarantee obligations of each the Guarantor hereunder shall not be affected by (a) the failure of the Agent or any Loan Party Lender to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any Guarantor other guarantor under the provisions of this the Credit Agreement, any other Loan Document or otherwise; , (b) any extension, extension or renewal or increase of or in any of the Obligations; , (c) any rescission, waiver, amendment or modification of, or any release from, from any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan DocumentDocument or any other guarantee, (d) the failure or delay of any guarantee Lender to exercise any right or remedy against any other guarantor of the Obligations, (e) the failure of any Lender to assert any claim or demand or to enforce any remedy under any Loan Document or any other agreement or instrument, including with respect to any Guarantor under the Loan Documents; (d) the release of (or the failure to perfect a security interest inf) any default, failure or delay, wilful or otherwise, in the performance of the security held by or on behalf of the Administrative Agent or any other Secured PartyObligations; or (eg) the failure any other act, omission or delay of to do any Secured Party other act which may or might in any manner or to exercise any right or remedy against extent vary the Borrower or any Guarantor risk of the ObligationsGuarantor or otherwise operate as a discharge of the Guarantor as a matter of law or equity.

Appears in 1 contract

Samples: Accession Agreement (Janus Capital Group Inc)

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