Obligations Unimpaired. The Guarantor authorizes the Noteholders, without notice or demand to the Guarantor and without affecting its obligations hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of the Notes, the Note Agreement, any other Note Document or any other instrument referred to therein; (b) to take and hold security for the payment of the Notes, for the performance of this Guaranty Agreement or otherwise for the Indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security; (c) to apply any such security and to direct the order or manner of sale thereof as the Noteholders in their sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Company and others; and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, Make-Whole Amount, if any, and interest on the Notes and any other Guaranteed Obligations hereunder. The Guarantor waives any right to require the Noteholders to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the Company, the Guarantor or any other person or to pursue any other remedy available to such Noteholders.
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Samples: Limited Guaranty Agreement (Inergy L P), Guaranty Agreement (Inergy L P)
Obligations Unimpaired. The Each Guarantor authorizes the Noteholdersholders of the Notes, without notice or demand to the any Guarantor and without affecting its obligations hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of the Notes, the Note Agreement, any other Note Document Agreement or any other instrument referred to therein; , (b) to take and hold security for the payment of the Notes, for the performance of this Guaranty Agreement or otherwise for the Indebtedness indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security; , (c) to apply any such security and to direct the order or manner of sale thereof as the Noteholders holders of the Notes in their sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Company and others; others and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, MakeYield-Whole Maintenance Amount, if any, and interest on the Notes and any other Guaranteed Obligations Obligation hereunder. The Each Guarantor waives any right to require the Noteholders holders of the Notes to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the Company, the any Guarantor or any other person or to pursue any other remedy available to such Noteholdersholders.
Appears in 2 contracts
Samples: Guaranty Agreement (Quaker Fabric Corp /De/), Guaranty Agreement (Quaker Fabric Corp /De/)
Obligations Unimpaired. The Each Guarantor authorizes the NoteholdersAdministrative Agent, the Lenders and the Issuing Bank without notice or demand to the any Guarantor and without affecting its the obligations of any Guarantor hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of the Notes, the Note Agreement, any other Note Transaction Document or any other instrument referred to therein; , (b) to take and hold security for the payment and performance of the Notesobligations under any Transaction Document, for the performance of this Guaranty Agreement or otherwise for the Indebtedness indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security; , (c) to apply any such security and to direct the order or manner of sale thereof as the Noteholders Administrative Agent in their its sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Company Borrower and others; and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, Make-Whole Amountpremium, if any, and interest on the Notes obligations under the Transaction Documents and any other Guaranteed Obligations hereunderObligation. The Each Guarantor waives any right to require the Noteholders Administrative Agent, the Lenders or the Issuing Bank to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the CompanyBorrower, the any Guarantor or any other person Person or to pursue any other remedy available to such Noteholdersentities.
Appears in 2 contracts
Samples: 364 Day Revolving Credit Facility Agreement (Lennox International Inc), Revolving Credit Facility Agreement (Lennox International Inc)
Obligations Unimpaired. The Guarantor Each of the Guarantors authorizes the Noteholdersholders of the Notes, without notice or demand to the such Guarantor and without affecting its obligations hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of the Notes, the Note Agreement, any other Note Document Shelf Agreement or any other instrument referred to therein; , (b) to take and hold security for the payment of the Notes, for the performance of this Guaranty Agreement or otherwise for the Indebtedness indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security; , (c) to apply any such security and to direct the order or manner of sale thereof as the Noteholders holders of the Notes in their sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Company and others; and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, MakeYield-Whole AmountMaintenance Amount or Breakage Cost Obligations, if any, and or interest or any other amounts due on the Notes and any other Guaranteed Obligations Obligation hereunder. The Guarantor Each of the Guarantors waives any right to require the Noteholders holders of the Notes to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the Company, the such Guarantor or any other person or to pursue any other remedy available to such Noteholdersholders.
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Obligations Unimpaired. The Guarantor authorizes the NoteholdersPrudential, without notice or demand to the Guarantor and without affecting its obligations hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of the Notes, the Note Warrants, the Preferred Stock or the Restructuring Agreement, any other Note Document or any other instrument referred to therein; (b) to take and hold security for the payment of the Notes, for the performance of this Guaranty Agreement or otherwise for the Indebtedness indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security; (c) to apply any such security and to direct the order or manner of sale thereof as the Noteholders Prudential in their its sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Company and others; and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, Make-Whole Amount, if any, of and interest on the Notes and any other Guaranteed Obligations Obligation hereunder. The Guarantor waives any right to require the Noteholders Prudential to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the Company, the Guarantor or any other person or to pursue any other remedy available to such NoteholdersPrudential.
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Samples: Subordinated Guaranty Agreement (Prudential Insurance Co of America)
Obligations Unimpaired. The Guarantor Each of the Special Guarantors authorizes the Noteholdersholders of the Notes, without notice or demand to the such Special Guarantor and without affecting its obligations hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of the Notes, the Note Agreement, any other Note Document Agreements or any other instrument referred to therein; , (b) to take and hold security for the payment of the Notes, for the performance of this Guaranty Agreement or otherwise for the Indebtedness indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security; , (c) to apply any such security and to direct the order or manner of sale thereof as the Noteholders holders of the Notes in their sole discretion may determine; , (d) to obtain additional or substitute endorsers or guarantors; , (e) to exercise or refrain from exercising any rights against the Company and others; , and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, MakeYield-Whole AmountMaintenance Amount or Breakage Cost Obligations, if any, and or interest or any other amounts due on the Notes and any other Special Guaranteed Obligations Obligation hereunder. The Guarantor Each of the Special Guarantors waives any right to require the Noteholders holders of the Notes to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the Company, the such Special Guarantor or any other person or to pursue any other remedy available to such Noteholdersholders.
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Obligations Unimpaired. The Guarantor authorizes the Noteholdersholders of the Notes, without notice or demand to the Guarantor and without affecting its obligations hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of the Notes, the Note Agreement, any other Note Document Agreement or any other instrument referred to therein; , (b) to take and hold security for the payment of the Notes, for the performance of this Guaranty Agreement or otherwise for the Indebtedness indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security; , (c) to apply any such security and to direct the order or manner of sale thereof as the Noteholders holders of the Notes in their sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Company and others; and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, MakeYield-Whole Maintenance Amount, if any, and interest on the Notes and any other Guaranteed Obligations Obligation hereunder. The Guarantor waives any right to require the Noteholders holders of the Notes to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the Company, the Guarantor or any other person or to pursue any other remedy available to such Noteholdersholders.
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Obligations Unimpaired. The Guarantor Parent Company authorizes the Noteholders, without notice or demand to the Guarantor Parent Company and without affecting its obligations hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of the Notes, Notes or the Amended and Restated Note Agreement, any other Note Document Purchase Agreements or any other instrument referred to therein; (b) to take and hold security for the payment of the Notes, for the performance of this Guaranty Agreement or otherwise for the Indebtedness Debt guaranteed hereby and to exchange, enforce, waive and release any such security; (c) to apply any such security and to direct the order or manner of sale thereof as the Noteholders in their sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Parent Company and others; and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, Make-Whole Amount, if any, and interest on the Notes and any other Guaranteed Obligations hereunderObligations. The Guarantor Parent Company waives any right to require the Noteholders to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the CompanyIssuer, the Guarantor Parent Company or any other person or to pursue any other remedy available to such Noteholders.
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Obligations Unimpaired. The Guarantor Parent authorizes the Noteholdersholders of the Notes, without notice or demand to the Guarantor Parent and without affecting its obligations hereunder, from time to time time: (ai) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of the Notes, the Note Agreement, any other Note Document Notes or this Agreement or any other instrument referred to therein; (bii) to take and hold security for the payment of the Notes, for the performance of this Guaranty Agreement paragraph 11 or otherwise for the Indebtedness indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security; (ciii) to apply any such security and to direct the order or manner of sale thereof as the Noteholders holders of the Notes in their sole discretion may determine; (div) to obtain additional or substitute endorsers or guarantors; (ev) to exercise or refrain from exercising any rights against the Company and others; and (fvi) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, MakeYield-Whole Maintenance Amount, if any, and interest on the Notes and any other Guaranteed Obligations Obligation hereunder. The Guarantor Parent waives any right to require the Noteholders holders of the Notes to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the Company, the Guarantor Parent or any other person or to pursue any other remedy available to such Noteholdersholders.
Appears in 1 contract
Samples: Subordinated Note and Warrant Purchase Agreement (Hallwood Energy Corp)
Obligations Unimpaired. The Each Guarantor authorizes the Noteholders, Creditors without notice or demand to the any Guarantor and without affecting its the obligations of any Guarantor hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of the Notes, the Note Agreement, any other Note Transaction Document or any other instrument referred to therein; (b) to take and hold security for the payment and performance of the Notesobligations under any Transaction Document, for the performance of this Guaranty Agreement or otherwise for the Indebtedness indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security; (c) to apply any such security and to direct the order or manner of sale thereof as the Noteholders Administrative Agent in their its sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Company any Obligated Party and others; and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, Make-Whole Amountpremium, if any, and interest on the Notes obligations under the Transaction Documents and any other Guaranteed Obligations hereunderObligation. The Each Guarantor waives any right to require the Noteholders any Creditor to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the Companyany Obligated Party, the any Guarantor or any other person Person or to pursue any other remedy available to such Noteholdersentities.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Lennox International Inc)
Obligations Unimpaired. The Guarantor Company authorizes the NoteholdersLender, without notice or demand to the Guarantor Company and without affecting its obligations hereunder, from time to time time:
(a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of the Notes, Guaranteed Obligations or the Note Agreement, any other Note Document Credit Agreement or any other instrument referred to therein; ;
(b) to take and hold security for the payment of the NotesGuaranteed Obligations, for the performance of this Guaranty Agreement Guarantee or otherwise for the Indebtedness indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security; ;
(c) to apply any such security and to direct the order or manner of sale thereof as the Noteholders Lender in their its sole discretion may determine; ;
(d) to obtain additional or substitute endorsers or guarantors; ;
(e) to exercise or refrain from exercising any rights against the Company and others; and and
(f) to apply as the Lender sees fit any sums, by whomsoever paid or however realized, to the payment of the principal of, Make-Whole Amount, if any, Outstanding Principal Obligations and interest on the Notes Outstanding Principal Obligations and any other Guaranteed Obligations hereunderObligations. The Guarantor Company waives any right to require the Noteholders Lender to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the CompanyBorrower, the Guarantor Company or any other person Person or to pursue any other remedy available to such Noteholdersthe Lender.
Appears in 1 contract
Samples: Guarantee (Hub International LTD)
Obligations Unimpaired. The Each Guarantor authorizes the Noteholders, without notice or demand to the such Guarantor and without affecting its obligations hereunder, from time to time (a) to renew, compromise, extend, accelerate or otherwise change the time for payment of, or otherwise change the terms of, all or any part of the Notes, the Note Agreement, any other Note Document or any other instrument referred to therein; (b) to take and hold security for the payment of the Notes, for the performance of this Guaranty Agreement or otherwise for the Indebtedness guaranteed hereby and to exchange, enforce, waive and release any such security; (c) to apply any such security and to direct the order or manner of sale thereof as the Noteholders in their sole discretion may determine; (d) to obtain additional or substitute endorsers or guarantors; (e) to exercise or refrain from exercising any rights against the Company and others; and (f) to apply any sums, by whomsoever paid or however realized, to the payment of the principal of, Make-Whole Amount, if any, and interest on the Notes and any other Guaranteed Obligations hereunder. The Each Guarantor waives any right to require the Noteholders to proceed against any additional or substitute endorsers or guarantors or to pursue or exhaust any security provided by the Company, the such Guarantor or any other person or to pursue any other remedy available to such Noteholders.
Appears in 1 contract
Samples: Guaranty Agreement (Inergy L P)