Common use of Other Parties and Other Collateral Clause in Contracts

Other Parties and Other Collateral. No renewal, increase, or extension of or any other indulgence with respect to, the Obligations or any part thereof, no release, exchange, or taking of any security, no release of any Person (including any Subsidiary, maker, endorser, guarantor, or surety) liable on the Obligations, no delay in enforcement of payment, no delay or omission or lack of diligence or care in exercising any Right or power with respect to the Obligations or any security therefor or guaranty thereof or under this Agreement, and no other circumstance or event which might constitute a defense available to or discharge of Debtor, any Subsidiary or any other Person, shall in any manner impair or affect the Rights of Administrative Lender or any Secured Party hereunder, under any other Loan Papers, at Law, or in equity. Neither Administrative Lender nor any Secured Party need file suit or assert a claim for personal judgment against any Person for any part of the Obligations or seek to realize upon any other security for the Obligations, before foreclosing upon the Collateral for the purpose of paying the Obligations. Debtor waives any Right to the benefit of or to require or control application of any other security or proceeds thereof, and agrees that neither Administrative Lender nor any Secured Party shall have any duty or obligation to Debtor to apply any such other security or proceeds thereof to the Obligations. Debtor hereby waives all rights by which it might be entitled to require suit on an accrued right of action in respect of any of the Obligations or require suit against Debtor, any Subsidiary or others, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended, Section 17.001 of the Texas Civil Practice and Remedies Code, as amended, or Rule 31 of the Texas Rules of Civil Procedure, as amended, or otherwise.

Appears in 3 contracts

Samples: Security Agreement (Itc Deltacom Inc), Security Agreement (Itc Deltacom Inc), Security Agreement (Itc Deltacom Inc)

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Other Parties and Other Collateral. No renewal, increase, or extension of or any other indulgence with respect to, the Obligations or any part thereof, no release, exchange, or taking of any security, no release of any Person (including Pledgor, any Subsidiaryof Pledgor's Subsidiaries, maker, endorser, guarantor, or surety) liable on the Obligations, no delay in enforcement of payment, no delay or omission or lack of diligence or care in exercising any Right or power with respect to the Obligations or any security therefor or guaranty thereof or under this Agreement, and no other circumstance or event which might constitute a defense available to or discharge of DebtorPledgor, any Subsidiary of Pledgor's Subsidiaries or any other Person, shall in any manner impair or affect the Rights of Administrative Lender Agent or any Secured Party hereunder, under any other Loan Papers, at Law, or in equity. Neither Administrative Lender Agent nor any Secured Party need file suit or assert a claim for personal judgment against any Person for any part of the Obligations or seek to realize upon any other security for the Obligations, before foreclosing upon the Collateral for the purpose of paying the Obligations. Debtor Pledgor waives any Right to the benefit of or to require or control application of any other security or proceeds thereof, and agrees that neither Administrative Lender Agent nor any Secured Party shall have any duty or obligation to Debtor Pledgor to apply any such other security or proceeds thereof to the Obligations. Debtor Pledgor hereby waives all rights by which it might be entitled to require suit on an accrued right of action in respect of any of the Obligations or require suit against Debtorany of Pledgor's Subsidiaries, any Subsidiary or others, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended, Section 17.001 of the Texas Civil Practice and Remedies Code, as amended, or Rule 31 of the Texas Rules of Civil Procedure, as amended, or otherwise.

Appears in 2 contracts

Samples: Credit Agreement (Ixc Communications Inc), Pledge Agreement (World Access Inc /New/)

Other Parties and Other Collateral. No renewal, increase, or extension of or any other indulgence with respect to, the Obligations or any part thereof, no release, exchange, or taking of any security, no release of any Person (including any Subsidiary, maker, endorser, guarantor, or surety) liable on the Obligations, no delay in enforcement of payment, no delay or omission or lack of diligence or care in exercising any Right or power with respect to the Obligations or any security therefor or guaranty thereof or under this Agreement, and no other circumstance or event which might constitute a defense available to or discharge of Debtor, any Subsidiary or any other Person, shall in any manner impair or affect the Rights of Administrative Lender Agent or any Secured Party hereunder, under any other Loan Papers, at Law, or in equity. Neither Administrative Lender Agent nor any Secured Party need file suit or assert a claim for personal judgment against any Person for any part of the Obligations or seek to realize upon any other security for the Obligations, before foreclosing upon the Collateral for the purpose of paying the Obligations. Debtor waives any Right to the benefit of or to require or control application of any other security or proceeds thereof, and agrees that neither Administrative Lender Agent nor any Secured Party shall have any duty or obligation to Debtor to apply any such other security or proceeds thereof to the Obligations. Debtor hereby waives all rights by which it might be entitled to require suit on an accrued right of action in respect of any of the Obligations or require suit against Debtor, any Subsidiary or others, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended, Section 17.001 of the Texas Civil Practice and Remedies Code, as amended, or Rule 31 of the Texas Rules of Civil Procedure, as amended, or otherwise.

Appears in 1 contract

Samples: Security Agreement (World Access Inc /New/)

Other Parties and Other Collateral. No renewal, increase, or extension of or any other indulgence with respect to, the Secured Obligations or any part thereof, no release, exchange, or taking of any security, no release of any Person (including any Subsidiary, maker, endorser, guarantor, or surety) liable on the Secured Obligations, no delay in enforcement of payment, no delay or omission or lack of diligence or care in exercising any Right right or power with respect to the Secured Obligations or any security therefor or guaranty thereof or under this Agreement, and no other circumstance or event which might constitute a defense available to or discharge of DebtorBorrower, any Subsidiary or any other Person, shall in any manner impair or affect the Rights rights of Administrative Lender or any Secured Party hereunder, under any other Loan Papersthe Note, at Lawlaw, or in equity. Neither Administrative Lender Secured Party nor any Secured Party need file suit or assert a claim for personal judgment against any Person for any part of the Secured Obligations or seek to realize upon any other security for the Secured Obligations, before foreclosing upon the Collateral for the purpose of paying the Secured Obligations. Debtor Borrower waives any Right right to the benefit of or to require or control application of any other security or proceeds thereof, and agrees that neither Administrative Lender Secured Party nor any Secured Party shall have any duty or obligation to Debtor Borrower to apply any such other security or proceeds thereof to the Secured Obligations. Debtor Borrower hereby waives all rights by which it might be entitled to require suit on an accrued right of action in respect of any of the Secured Obligations or require suit against DebtorBorrower, any Subsidiary or others, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended, Section 17.001 of the Texas Civil Practice and Remedies Code, as amended, or Rule 31 of the Texas Rules of Civil Procedure, as amended, or otherwise.

Appears in 1 contract

Samples: Security Agreement (Viseon Inc)

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Other Parties and Other Collateral. No renewal, increase, or extension of or any other indulgence with respect to, the Obligations or any part thereof, no release, exchange, or taking of any security, no release of any Person (including Pledgor, any Pledgor Subsidiary, maker, endorser, guarantor, or surety) liable on the Obligations, no delay in enforcement of payment, no delay or omission or lack of diligence or care in exercising any Right or power with respect to the Obligations or any security therefor or guaranty thereof or under this Agreement, and no other circumstance or event which might constitute a defense available to or discharge of DebtorPledgor, any Subsidiary of Pledgor's Subsidiaries or any other Person, shall in any manner impair or affect the Rights of Administrative Lender or any Secured Party hereunder, under any other Loan Papers, at Law, or in equity. Neither Administrative Lender nor any Secured Party need file suit or assert a claim for personal judgment against any Person for any part of the Obligations or seek to realize upon any other security for the Obligations, before foreclosing upon the Collateral for the purpose of paying the Obligations. Debtor Pledgor waives any Right to the benefit of or to require or control application of any other security or proceeds thereof, and agrees that neither Administrative Lender nor any Secured Party shall have any duty or obligation to Debtor Pledgor to apply any such other security or proceeds thereof to the Obligations. Debtor Pledgor hereby waives all rights by which it might be entitled to require suit on an accrued right of action in respect of any of the Obligations or require suit against Debtorany of Pledgor's Subsidiaries, any Subsidiary or others, whether arising pursuant to Section 34.02 of the Texas Business and Commerce Code, as amended, Section 17.001 of the Texas Civil Practice and Remedies Code, as amended, or Rule 31 of the Texas Rules of Civil Procedure, as amended, or otherwise.

Appears in 1 contract

Samples: Credit Agreement (Itc Deltacom Inc)

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