Common use of Obligations Not Waived Clause in Contracts

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 Borrower of any of the Second Priority Debt 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 (a) the failure of the Second Priority Collateral Trustee or any other Second Priority Debt 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 the Second Priority Debt Documents 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 Second Priority Debt Document, any Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement or (c) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Second Priority Collateral Trustee or any other Second Priority Debt Party.

Appears in 2 contracts

Samples: Second Priority Subsidiary Guarantee (Rite Aid Corp), Second Priority Subsidiary Guarantee Agreement (Rite Aid Corp)

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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 Borrower of any of the Second Priority Debt 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 (a) the failure of the Second Priority Collateral Trustee Agent or any other Second Priority Debt 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 the Second Priority Debt Documents 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 Second Priority Debt Loan Document, any Guarantee or any other agreementagreement or instrument, including with respect to any other Subsidiary Guarantor under this Agreement or Agreement, (cd) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Second Priority Collateral Trustee Agent or any other Second Priority Debt PartySecured 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 2 contracts

Samples: Credit Agreement (Alamosa Properties Lp), Credit Agreement (Alamosa Holdings 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 Borrower of any of the Second Priority Debt Senior Obligations, and also waives notice of acceptance of its guarantee under this Agreement 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 (a) the failure of the Second Priority either Senior Collateral Trustee Agent or any other Second Priority Debt Senior 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 the Second Priority Debt Documents Senior Credit Agreement, any other Senior 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 Second Priority Debt Senior Loan Document, any Guarantee guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement or (c) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Second Priority Senior Collateral Trustee Agents or any other Second Priority Debt Senior Secured Party.

Appears in 2 contracts

Samples: Senior Subsidiary Guarantee Agreement (Rite Aid Corp), Senior Subsidiary Guarantee Agreement (Rite Aid Corp)

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to each of the Borrower Borrowers of any of the Second Priority Debt 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 (a) the failure of the Second Priority Administrative Agent, the Collateral Trustee Agent or any other Second Priority Debt Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against any of the Borrower Borrowers or any other Subsidiary Guarantor under the provisions of the Second Priority Debt Documents 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 Second Priority Debt Loan Document, any Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement Agreement, or (c) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Second Priority Collateral Trustee Agent or any other Second Priority Debt Secured Party.

Appears in 1 contract

Samples: Guarantee Agreement (Pliant Corp)

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 Borrower of any of the Second Priority Debt 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 (a) the failure of the Second Priority Collateral Trustee Administrative Agent or any other Second Priority Debt 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 the Second Priority Debt Documents Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiverwaiver (except the effect of any waiver obtained pursuant to Section 12(b)), amendment or modification of, or any release from any of the terms or provisions of this Agreementany other Loan Document, any other Second Priority Debt Document, any Guarantee or any other agreementagreement (in each case pursuant to the terms thereof), including with respect to any other Subsidiary Guarantor under this Agreement Agreement, or (c) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Second Priority Collateral Trustee Administrative Agent or any other Second Priority Debt Secured Party.

Appears in 1 contract

Samples: S. Guarantee Agreement (Seagate Technology)

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 Borrower or any other person of any of the Second Priority Debt 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 Subsidiary Guarantor hereunder shall not be affected by (a) the failure of the Second Priority Collateral Trustee any Secured Party or any other Second Priority Debt Party Guarantor 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 the Second Priority Debt Documents 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 Second Priority Debt Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Subsidiary Guarantor under this Agreement the Loan Documents; or (cd) the release of (or the failure to perfect any a security interest in, or the release of, ) any of the security held by or on behalf of the Second Priority Collateral Trustee Agent or any other Second Priority Debt Secured Party.

Appears in 1 contract

Samples: Barrington Guaranty (Barrington Quincy LLC)

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 Borrower of any of the Second Priority Debt 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 (a) the failure of the Second Priority Collateral Trustee Agent or any other Second Priority Debt 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 the Second Priority Debt Documents Credit Agreement, any other Loan Document or otherwise, (b) any rescission, waiverwaiver (except the effect of any waiver obtained pursuant to Section 12(b)), amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Second Priority Debt Loan Document, any Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement or (c) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Second Priority Collateral Trustee Agent or any other Second Priority Debt Secured Party.

Appears in 1 contract

Samples: Guarantee Agreement (Crew J Operating Corp)

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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 Borrower of any of the Second Priority Debt 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 (a) the failure of the Second Priority Collateral Trustee Agent or any other Second Priority Debt 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 the Second Priority Debt Documents 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 any Loan Document (other than this Agreement, any other Second Priority Debt Document), any Guarantee or any other agreementagreement or instrument, including with respect to any other Subsidiary Guarantor under this Agreement or Agreement, (cd) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Second Priority Collateral Trustee Agent or any other Second Priority Debt PartySecured 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: Credit Agreement (LTV Corp)

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 Borrower of any of the Second Priority Debt 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 (a) the failure of the Second Priority Collateral Trustee Agent or any other Second Priority Debt 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 the Second Priority Debt Documents 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 Second Priority Debt Loan Document, any Guarantee or any other agreementagreement or instrument, including with respect to any other Subsidiary Guarantor under this Agreement or Agreement, (cd) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Second Priority Collateral Trustee Agent or any other Second Priority Debt PartySecured 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: Credit Agreement (Intersil Holding 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 Borrower or any other person of any of the Second Priority Debt 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 Subsidiary Guarantor hereunder shall not be affected by (a) the failure of the Second Priority Collateral Trustee or any other Second Priority Debt 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 the Second Priority Debt Documents 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 Second Priority Debt Loan Document, any Guarantee guarantee or any other agreementagreement or instrument, including with respect to any other Subsidiary Guarantor under this Agreement the Loan Documents; or (cd) the release of (or the failure to perfect any a security interest in, or the release of, ) any of the security held by or on behalf of the Second Priority Collateral Trustee Agent or any other Second Priority Debt Secured Party.

Appears in 1 contract

Samples: Guaranty Agreement (Barrington Quincy LLC)

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