Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and any other guarantor of any of the Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (c) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed Party.
Appears in 4 contracts
Samples: Credit Agreement (Rayonier Inc), First Amendment and Restatement Agreement (Rayonier Inc), Five Year Revolving Credit Agreement (Rayonier Inc)
Obligations Not Waived. To the fullest extent permitted by applicable lawlaw 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 applicable Borrower and or any other guarantor 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 and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable lawlaw and except as otherwise provided for herein or in the other Loan Documents, the obligations Guarantee 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 other Guaranteed Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit 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 from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Administrative Agent or any Guaranteed 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: Credit Agreement (Bristow Group Inc), Credit Agreement (Bristow Group Inc), Superpriority Secured Debtor in Possession Credit Agreement (Bristow Group Inc)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower ROC and any other guarantor of any of the Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (ai) the failure of the Administrative Agent or any other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower ROC or any other guarantor under the provisions of the Credit Agreement, the Incremental Term Loan Agreement any other Loan Document or otherwise, (bii) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (ciii) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed Party.
Appears in 3 contracts
Samples: Incremental Term Loan Agreement, Incremental Term Loan Agreement (Rayonier Inc), Guarantee Agreement (Rayonier Inc)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Credit Agreement Obligations and Existing Notes Obligations (collectively, the “Obligations”), and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations Guaranty 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 other Guaranteed Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of 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 from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, the Existing Notes Indenture, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Administrative Agent or any Guaranteed 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: Credit Agreement (Health Management Associates Inc), Credit Agreement (Health Management Associates Inc), Supplemental Indenture (Health Management Associates Inc)
Obligations Not Waived. To the fullest extent permitted by applicable lawlaw 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 applicable Borrower and or any other guarantor 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 and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable lawlaw and except as otherwise provided for herein or in the other Loan Documents, the obligations Guarantee 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 other Guaranteed Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of 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 from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Administrative Agent or any Guaranteed 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: Credit Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc)
Obligations Not Waived. To the fullest extent permitted by applicable lawLaw, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor Person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable lawLaw, the obligations guarantee 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 other Guaranteed Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of 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 agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Administrative Agent or any Guaranteed 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.
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, each Guarantor waives presentment or protest to, demand of or payment from and protest to the applicable Borrower and any other guarantor Loan Parties of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent Agent, any Issuing Bank or any other Guaranteed Party Lender to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit Agreement, any other Loan Document Document, any agreement relating to Hedging Obligations or Treasury Management Obligations or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of of, this Agreement, any other Loan Document, any Guarantee agreement relating to Hedging Obligations or Treasury Management Obligations, any guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, Agreement or (c) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Administrative Agent, any Guaranteed PartyIssuing Bank or any Lender.
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, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations Guaranty 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 other Guaranteed Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of 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 agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Collateral Agent or any Guaranteed 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: Guaranty Agreement (RiskMetrics Group Inc), Guaranty Agreement (RiskMetrics Group Inc)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable any Borrower and or any other guarantor of any of the Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each 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 other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable any Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement, or (c) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed PartyParty or (d) the failure of any person to comply with Section 5.01(l) of the Credit Agreement or Section 19 hereof.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Rayonier Inc), Revolving Credit Agreement (Rayonier Inc)
Obligations Not Waived. To the fullest extent permitted by applicable law, each the Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or to any other guarantor of any of the Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each the 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 other Guaranteed Party Lender to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any extension or renewal of 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, any other Loan Document, any Guarantee Document or any other agreementguaranty, including with respect to any other Guarantor under this Agreement, or (cd) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf delay of any Guaranteed PartyLender 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, (f) any default, failure or delay, wilful or otherwise, in the performance of the Obligations; or (g) any other act, omission or delay to do any other act which may or might in any manner or to any extent vary the risk of the Guarantor 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), 364 Day Competitive Advance and Revolving Credit Facility Agreement (Janus Capital Group Inc)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower RLP and any other guarantor of any of the Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (ai) the failure of the Administrative Agent or any other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower RLP or any other guarantor under the provisions of the Credit Agreement, the Incremental Term Loan Agreement, any other Loan Document or otherwise, (bii) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (ciii) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed Party.
Appears in 2 contracts
Samples: Incremental Term Loan Agreement and Amendment to Guarantee Agreement (Rayonier, L.P.), Incremental Term Loan Agreement (Rayonier, L.P.)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and TRS or any other guarantor of any of the Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each 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 other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable any Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement, or (c) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed PartyParty or (d) the failure of any person to comply with Section 5.01(l) of the Credit Agreement or Section 19 hereof.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Rayonier Inc), Revolving Credit Agreement (Rayonier Inc)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment or protest to, demand of or payment from and protest to the applicable Borrower and any other guarantor Loan Parties of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (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 Guaranteed Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (ii) the failure of any Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor 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 the Credit Agreemententered into with a Specified Hedge Provider (each such document, any other Loan Document or otherwisea “Hedging Document”), (biii) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of of, this Agreement, any other Loan Document, any Guarantee Hedging Document, any guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (civ) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Administrative Agent or any Guaranteed Secured Party.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Newmarket Corp), Senior Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and any other guarantor of any of the Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Agent or any other Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (c) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of any Guaranteed PartyParty or (d) the failure of any person to comply with Section 5.01(l) of the Credit 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: Revolving Credit Agreement (Rayonier Inc), Revolving Credit Agreement (Rayonier Inc)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment or protest to, demand of or payment from and protest to the applicable Borrower and any other guarantor Loan Parties of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (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 Guaranteed Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (ii) the failure of any Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of 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 Credit AgreementLoans entered into with a Specified Hedge Provider (each such document, any other Loan Document or otherwisea “Hedging Document”), (biii) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of of, this Agreement, any other Loan Document, any Guarantee Hedging Document, any guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (civ) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Administrative Agent or any Guaranteed Secured Party.
Appears in 2 contracts
Samples: Senior Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co), Revolving Credit Agreement (Kayne Anderson Energy Development Co)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and Borrowers or any other guarantor Person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations Guarantee of each Subsidiary 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 other Guaranteed Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower Borrowers or any other guarantor Guarantor under the provisions of 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 agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Administrative Agent or any Guaranteed other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the 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, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Secured Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations Guaranty 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 other Guaranteed Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of 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 from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; or (cd) the release of (or the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Collateral Agent or any Guaranteed other Secured Party.
Appears in 1 contract
Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and any other guarantor of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Subsidiary Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Collateral Agent or any other Guaranteed Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Subsidiary Guarantor under the provisions of the 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 any of the terms or provisions of this Agreement, any other Loan Document, any Guarantee or any other agreementagreement or instrument, including with respect to any other Subsidiary Guarantor under this Agreement, or (cd) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Collateral Agent or any other Secured Party or (e) the failure or delay of any Secured Party to exercise any right or remedy against any other guarantor of the Guaranteed PartyObligations.
Appears in 1 contract
Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and Borrowers or any other guarantor Person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations guarantee of each Subsidiary 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 other Guaranteed Party Person to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower Borrowers or any other guarantor under the provisions of 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 Guaranty, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other guarantor under the Loan Documents; (d) the fact that any obligor of any of the Obligations was not such an obligor at the time such Subsidiary Guarantor under became party to this Agreement, Guaranty; or (ce) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf delay of any Guaranteed PartyParty to exercise any right or remedy against any Loan Party or any other guarantor of the Obligations.
Appears in 1 contract
Obligations Not Waived. To the fullest extent permitted by applicable law, each the Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations of each the 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 other Guaranteed Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Other Guarantor under the provisions of 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 agreementagreement or instrument, including with respect to any other Other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Collateral Agent or any Guaranteed 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
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment or protest to, demand of or payment from and protest to the applicable Borrower and any other guarantor Loan Parties of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (ai) the failure of the Administrative Agent or any other Guaranteed Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of the Credit Agreement, 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 Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Guarantor under the provisions or any instruments, agreements or documents executed in connection with any Hedging Transaction (each such document, a “Hedging Document”), (iii) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of of, this Agreement, any other Loan Document or LCF Document, any Guarantee Hedging Document, or any other agreementguarantee, including with respect to any other Guarantor under this Agreement, or (civ) the failure to take or perfect any security interest Security Interest in, or the release of, any collateral of the security held by or on behalf of the Collateral Agent or any Guaranteed Secured Party.
Appears in 1 contract
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives diligence, presentment to, demand of payment from and protest to from, filing of claims with a court in the applicable event of receivership or bankruptcy of the Borrower and or any other guarantor of any of the Obligations, all setoffs and also waives notice counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor and notices of acceptance of its guarantee guarantee, the benefits of all statutes of limitations, and notice of protest for nonpaymentall other demands whatsoever except as specifically provided herein. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected byaffected, and each Guarantor hereby waives any defense arising by reason irrespective of, (a) : the failure of the Administrative Agent or any other Guaranteed Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Related Document or otherwise, (b) ; any extension or renewal or any other indulgence in relation to any provision hereof or thereof; any rescission, waiver, compromise, acceleration, amendment or modification of, or any release from any of the terms or provisions of of, this Agreement, any other Loan Related Document, any Guarantee guarantee or any other agreement, including with respect to any other Guarantor under this Agreement; the release, exchange, waiver or (c) foreclosure of any of the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf of the Secured Party; the failure of the Secured Party to take any Guaranteed Party.steps to perfect and maintain its security interest in, or to preserve its rights to, any 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, each Guarantor the Company waives presentment to, demand of payment from and protest to the applicable Borrower and Designated Borrowers or any other guarantor Person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations guarantee of each Guarantor the Company 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 other Guaranteed Party Person to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower Designated Borrowers or any other guarantor under the provisions of 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 Guaranty, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor guarantor under the Loan Documents; (d) the fact that any obligor of any of the Obligations was not such an obligor at such time the Company became party to this Agreement, Guaranty; or (ce) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf delay of any Guaranteed PartyParty to exercise any right or remedy against any Loan Party or any 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 lawLaw, each Foreign Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and Borrowers or any other guarantor Person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable lawLaw, the obligations guarantee of each Foreign Subsidiary 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 other Guaranteed Party Person to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower Borrowers or any other guarantor under the provisions of 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 Guaranty, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other guarantor under the Loan Documents; (d) the fact that any obligor of any of the Obligations was not such an obligor at the time such Foreign Subsidiary Guarantor under became party to this Agreement, Guaranty; or (ce) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf delay of any Guaranteed PartyParty to exercise any right or remedy against any Loan Party or any other guarantor of the Obligations.
Appears in 1 contract
Samples: Restatement Agreement (WEX Inc.)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor Person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations guarantee of each Subsidiary 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 other Guaranteed Party Person to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor under the provisions of 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 Guaranty, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor guarantor under this Agreement, the Loan Documents; or (cd) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf delay of any Guaranteed PartyParty to exercise any right or remedy against any Loan Party or any 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, each Guarantor waives presentment or protest to, demand of or payment from and protest to the applicable Borrower and any other guarantor Loan Parties of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (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 Guaranteed Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (ii) the failure of any Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of 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 Credit Agreemententered into with a Specified Hedge Provider (each such document, any other Loan Document or otherwise, a “Hedging Document”) (biii) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of of, this Agreement, any other Loan Document, any Guarantee Hedging Document, any guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (civ) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Administrative Agent or any Guaranteed Secured Party.
Appears in 1 contract
Samples: Subsidiary Guaranty Agreement (United Industrial Corp /De/)
Obligations Not Waived. To the fullest extent permitted by applicable lawLaw, each Guarantor the Company waives presentment to, demand of payment from and protest to the applicable Borrower and Designated Borrowers or any other guarantor Person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable lawLaw, the obligations guarantee of each Guarantor the Company 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 other Guaranteed Party Person to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower Designated Borrowers or any other guarantor under the provisions of 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 Guaranty, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor guarantor under the Loan Documents; (d) the fact that any obligor of any of the Obligations was not such an obligor at such time the Company became party to this Agreement, Guaranty; or (ce) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf delay of any Guaranteed PartyParty to exercise any right or remedy against any Loan Party or any 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, each Guarantor of the Guarantors waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor Person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpayment, and all other formalities. To the fullest extent permitted by applicable law, the 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 other Guaranteed Lending Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of 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 agreementagreement or instrument, including with respect to any other the Guarantor under this Agreement, (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Administrative Agent or any Guaranteed Partyother Lending Party or (e) the failure or delay of any Lending Party to exercise any right or remedy against any other guarantor of the Obligations.
Appears in 1 contract
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Secured Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations Guaranty 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 other Guaranteed Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of 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 from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Administrative Agent or any Guaranteed 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 (Brocade Communications Systems Inc)
Obligations Not Waived. To the fullest extent permitted by applicable law, each the Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or to any other guarantor of any of the Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each the 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 other Guaranteed Party Lender to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any extension or renewal of 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, any other Loan Document, any Guarantee Document or any other agreementguarantee, including with respect to any other Guarantor under this Agreement, or (cd) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf delay of any Guaranteed PartyLender 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, (f) any default, failure or delay, wilful or otherwise, in the performance of the Obligations; or (g) any other act, omission or delay to do any other act which may or might in any manner or to any extent vary the risk of the Guarantor or otherwise operate as a discharge of the Guarantor as a matter of law or equity.
Appears in 1 contract
Samples: Five Year Competitive Advance and Revolving Credit Facility Agreement (Janus Capital Group Inc)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Credit Agreement Obligations and Existing Notes Obligations (collectively, the “Secured Obligations”), and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations Guaranty 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 other Guaranteed Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of 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 from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, the Existing Notes Indenture, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Administrative Agent or any Guaranteed 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, each the Guarantor waives presentment or protest to, demand of or payment from and protest to the applicable Borrower and any other guarantor Loan Parties of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each the 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 Lender to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Guaranteed Guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (ii) the failure of any Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of 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 Credit Agreemententered into with a Specified Hedge Provider (each such document, any other Loan Document or otherwise, a “Hedging Document”) (biii) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of of, this Agreement, any other Loan Document, any Guarantee Hedging Document, any guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (civ) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Administrative Agent or any Guaranteed Secured Party.
Appears in 1 contract
Samples: Parent Guaranty Agreement (United Industrial Corp /De/)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpayment, and all other formalities. To the fullest extent permitted by applicable law, the obligations of each Subsidiary 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 other Guaranteed Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Company, the Borrower or any other guarantor Subsidiary Guarantor under the provisions of 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 agreementagreement or instrument, including with respect to any other Subsidiary Guarantor under this Agreement and with respect to the Company under Article IX of the Credit Agreement, (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Collateral Agent or any Guaranteed Partyother Secured Party or (e) the failure or delay of any Secured Party to exercise any right or remedy against any 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, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpayment, and all other formalities. To the fullest extent permitted by applicable law, the 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 other Guaranteed Party Obligor to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of 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 from, any of the terms or provisions of this Agreement, any other Loan Credit Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Collateral Agent or any Guaranteed Partyother Obligee or (e) the failure or delay of any Obligee to exercise any right or remedy against any other guarantor of the Obligations.
Appears in 1 contract
Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and any other guarantor of any of the Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Subsidiary Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (a) the failure of the Administrative Collateral Agent or any other Guaranteed Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Subsidiary Guarantor under the provisions of 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, any other Loan Document, any Guarantee or any other agreementagreement or instrument, including with respect to any other Subsidiary Guarantor under this Agreement, or (cd) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Collateral Agent or any Guaranteed Partyother Secured Party or (e) the failure or delay of any Secured Party to exercise any right or remedy against any other guarantor of the Obligations.
Appears in 1 contract
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment or protest to, demand of or payment from and protest to the applicable Borrower and any other guarantor Loan Parties of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (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 Guaranteed Guarantor under the provisions of the Amended and Restated Credit Agreement, any other Loan Document or otherwise, (ii) the failure of any Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower Borrowers or any other guarantor Guarantor under the provisions of 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 Credit Agreemententered into with a Specified Hedge Provider (each such document, any other Loan Document or otherwise, a “Hedging Document”) (biii) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of of, this Agreement, any other Loan Document, any Guarantee Hedging Document, any guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (civ) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Administrative Agent or any Guaranteed Secured Party.
Appears in 1 contract
Samples: Subsidiary Guaranty Agreement (United Industrial Corp /De/)
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Secured Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations Guaranty 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 any Secured Party or any other Guaranteed Party Guarantor to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Guarantor under the provisions of 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 from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor under this Agreement, the Loan Documents; or (cd) the release of (or the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Collateral Agent or any Guaranteed other Secured Party.
Appears in 1 contract
Obligations Not Waived. To the fullest extent permitted by applicable law, each Guarantor waives presentment or protest to, demand of or payment from and protest to the applicable Borrower and any other guarantor Loan Parties of any of the Guaranteed Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Guarantor hereunder shall not be affected by, and each Guarantor hereby waives any defense arising by reason of, (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 Guaranteed Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor 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 the Credit Agreemententered into with a Specified Hedge Provider (each such document, any other Loan Document or otherwisea “Hedging Document”), (biii) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of of, this Agreement, any other Loan Document, any Guarantee Hedging Document, any guarantee or any other agreement, including with respect to any other Guarantor under this Agreement, or (civ) the failure to take or perfect any security interest in, or the release of, any collateral of the security held by or on behalf of the Administrative Agent or any Guaranteed Party.
Appears in 1 contract
Samples: Subsidiary Guaranty Agreement (Walter Investment Management Corp)
Obligations Not Waived. To the fullest extent permitted by applicable law, each the Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or any other guarantor person of any of the Obligations, and also waives notice of acceptance of its guarantee and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable law, the obligations of each the 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 other Guaranteed Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor Other Guarantor under the provisions of 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 agreementagreement or instrument, including with respect to any other Other Guarantor under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Collateral Agent or any Guaranteed 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
Obligations Not Waived. To the fullest extent permitted by applicable lawlaw 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 applicable Borrower and Borrowers or any other guarantor 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 and guarantee, notice of protest for nonpaymentnonpayment and all other formalities. To the fullest extent permitted by applicable lawlaw and except as otherwise provided for herein or in the other Loan Documents, the obligations Guarantee of each Guarantor Domestic Loan Party 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 other Guaranteed Loan Party to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower Borrowers or any other guarantor Domestic Loan Party under the provisions of the Credit 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 from, any of the terms or provisions of this Agreement, the Credit Agreement, any other Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Guarantor Domestic Loan Party under this Agreement, the Loan Documents; (d) the release of (or (c) the failure to take or perfect any a security interest in, or ) any of the release of, any collateral security held by or on behalf of the Administrative Agent or any Guaranteed other Secured Party; or (e) the failure or delay of any Secured Party to exercise any right or remedy against the Borrowers or any Loan Party of the Secured Obligations.
Appears in 1 contract
Samples: Superpriority Secured Debtor in Possession Credit Agreement (Toys R Us Inc)
Obligations Not Waived. To the fullest extent permitted by applicable law, each the Guarantor waives presentment to, demand of payment from and protest to the applicable Borrower and or to any other guarantor of any of the Obligations, and also waives notice of acceptance of its guarantee and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each the 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 other Guaranteed Party Lender to assert any claim or demand or to enforce or exercise any right or remedy against the applicable Borrower or any other guarantor under the provisions of the Credit Agreement, any other Loan Document or otherwise, (b) any extension or renewal of 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, any other Loan Document, any Guarantee Document or any other agreementguarantee, including with respect to any other Guarantor under this Agreement, or (cd) the failure to take or perfect any security interest in, or the release of, any collateral security held by or on behalf delay of any Guaranteed PartyLender 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, (f) any default, failure or delay, wilful or otherwise, in the performance of the Obligations; or (g) any other act, omission or delay to do any other act which may or might in any manner or to any extent vary the risk of the Guarantor or otherwise operate as a discharge of the Guarantor as a matter of law or equity.
Appears in 1 contract
Samples: 364 Day Competitive Advance and Revolving Credit Facility Agreement (Janus Capital Group Inc)