Common use of Permitted Actions Clause in Contracts

Permitted Actions. The holders of the Seller Notes may, from time to time, in their sole discretion and without notice to the Guarantor, take any or all of the following actions without affecting the liability of the Guarantor hereunder: (a) retain or obtain a security interest in any property to secure any of the Guaranteed Obligations or any obligation hereunder, (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantor, with respect to any of the Guaranteed Obligations, (c) extend or renew any of the Guaranteed Obligations for one or more periods (whether or not longer than the original period), alter or exchange any of the Guaranteed Obligations, or release or compromise any obligation of the Guarantor hereunder or any obligation of any nature of any other obligor with respect to any of the Guaranteed Obligations, (d) release any security interest in, or surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Guaranteed Obligations or any obligation hereunder, or extend or renew for one or more periods (whether or not longer than the original period) or release, compromise, alter or exchange any obligations of any nature of any obligor with respect to any such property and (e) resort to the Guarantor for payment of any of the Guaranteed Obligations when due, whether or not any holder shall have resorted to any property securing any of the Guaranteed Obligations or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Guaranty (F45 Training Holdings Inc.), Guaranty (F45 Training Holdings Inc.)

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Permitted Actions. The holders of the Seller Notes mayExcept as otherwise expressly provided by this Agreement, Agent and Lenders may from time to time, in their sole discretion and without notice to the Guarantorany Obligor, take any or all of the following actions without affecting the liability of the Guarantor hereunderactions: (a) retain or obtain a security interest Liens in any property assets of any Obligor or any other Person to secure any of the Guaranteed Obligations or any obligation hereunder, Obligations; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the GuarantorObligors, with respect to any of the Guaranteed Obligations, ; (c) extend or renew any of the Guaranteed Obligations for one or more periods (whether or not longer than the original period), or, with the agreement of the Borrowers, alter or exchange any of the Guaranteed Obligations; (d) waive, ignore, or release forbear from taking action or otherwise exercising any of its default rights or remedies with respect to any default by the Obligors under the Loan Documents; (e) release, waive, or compromise any obligation of the Guarantor Obligors hereunder or any obligation of any nature of any other obligor primarily or secondarily obligated with respect to any of the Guaranteed Obligations, ; (df) release any security interest Agent’s Liens in, or surrender, release or permit any substitution or exchange for, all or any part of any property the Collateral now or hereafter securing any of the Guaranteed Obligations or any obligation hereunder, or extend or renew for one or more periods (whether or not longer than the original period) or release, waive, compromise, alter or exchange any obligations of any nature of any obligor Obligor with respect to any such property property; and (eg) resort to the Guarantor for demand payment or performance of any of the Guaranteed Obligations when duefrom any Obligor at any time or from time to time, whether or not Agent or any holder shall have resorted Lender has exercised any of its rights or remedies with respect to any property securing any of the Guaranteed Obligations or any obligation hereunder or shall have proceeded against any other obligor Obligor or other Person primarily or secondarily obligated with respect to liable for payment or performance of any of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hypercom Corp), Loan and Security Agreement (Hypercom Corp)

Permitted Actions. The holders of the Seller Notes mayExcept as otherwise expressly provided by this Agreement, Agent and Lenders may from time to time, in their sole discretion and without notice to the Guarantorany Obligor, take any or all of the following actions without affecting the liability of the Guarantor hereunderactions: (a) retain or obtain a security interest Liens in any property assets of any Obligor or any other Person to secure any of the Guaranteed Obligations or any obligation hereunder, Obligations; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the GuarantorObligors, with respect to any of the Guaranteed Obligations, ; (c) extend or renew any of the Guaranteed Obligations for one or more periods (whether or not longer than the original period), or, with the agreement of the Borrowers, alter or exchange any of the Guaranteed Obligations; (d) waive, ignore, or release forbear from taking action or otherwise exercising any of its default rights or remedies with respect to any default by the Obligors under the Loan Documents; (e) release, waive, or compromise any obligation of the Guarantor Obligors hereunder or any obligation of any nature of any other obligor primarily or secondarily obligated with respect to any of the Guaranteed Obligations, ; (df) release any security interest Agent’s Liens in, or surrender, release or permit any substitution or exchange for, all or any part of any property the Collateral now or hereafter securing any of the Guaranteed Obligations or any obligation hereunder, or extend or renew for one or more periods (whether or not longer than the original period) or release, waive, compromise, alter or exchange any obligations of any nature of any obligor Obligor with respect to any such property property; and (eg) resort to the Guarantor for demand payment or performance of any of the Guaranteed Obligations when duefrom any Obligor at any time or from time to time, whether or not Agent or any holder shall have resorted Lender has exercised any of its rights or remedies with respect to any property securing any of the Guaranteed Obligations or any obligation hereunder or shall have proceeded against any other obligor Obligor or other Person primarily or secondarily obligated with respect to liable for payment or performance of any of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Loan and Security Agreement (Alon USA Energy, Inc.), Loan and Security Agreement (Alon USA Energy, Inc.)

Permitted Actions. The holders Any holder may, subject to the terms of the Seller Notes mayother Finance Documents, from time to time, in their at its sole discretion and without notice to the Guarantorundersigned, take any or all of the following actions without affecting the liability of the Guarantor hereunderactions: (a) retain or obtain a security interest in any property to secure any of the Guaranteed Obligations Liabilities or any obligation hereunder, (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the Guarantorundersigned, with respect to any of the Guaranteed ObligationsLiabilities, (c) amend, modify or waive any provision of the USPP Note Agreement, its New Notes or any other Finance Document (as defined in the Facilities Agreement), (d) extend or renew any of the Guaranteed Obligations Liabilities for one or more periods (whether or not longer than the original period), alter or exchange any of the Guaranteed ObligationsLiabilities, or release or compromise any obligation of the Guarantor undersigned hereunder or any obligation of any nature of any other obligor with respect to any of the Guaranteed ObligationsLiabilities, (de) release any security interest in, or surrender, release or permit any substitution or exchange for, all or any part of any property securing any of the Guaranteed Obligations Liabilities or any obligation hereunder, or extend or renew for one or more periods (whether or not longer than the original period) or release, compromise, alter or exchange any obligations of any nature of any obligor with respect to any such property and (ef) resort to the Guarantor undersigned for payment of any of the Guaranteed Obligations Liabilities when due, whether or not any such holder shall have resorted to any property securing any of the Guaranteed Obligations Liabilities or any obligation hereunder or shall have proceeded against any other obligor primarily or secondarily obligated with respect to any of the Guaranteed ObligationsLiabilities.

Appears in 1 contract

Samples: Uspp Note Guarantee (Cemex Sab De Cv)

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Permitted Actions. The holders of the Seller Notes mayExcept as otherwise expressly provided by this Agreement, Agent and Lenders may from time to time, in their sole discretion and without notice to the Guarantorany Obligor, take any or all of the following actions without affecting the liability of the Guarantor hereunderactions: (a) retain or obtain a security interest Liens in any property assets of any other Obligor or any other Person, with the agreement of such other Obligor or other Person, to secure any of the Guaranteed Obligations or any obligation hereunder, Obligations; (b) retain or obtain the primary or secondary obligation of any obligor or obligors, in addition to the GuarantorObligors, with respect to any of the Guaranteed Obligations, ; (c) extend or renew any of the Guaranteed Obligations for one or more periods (whether or not longer than the original period), or, with the agreement of the Obligors, alter or exchange any of the Guaranteed Obligations; (d) waive, ignore, or release forbear from taking action or otherwise exercising any of its default rights or remedies with respect to any default by the Obligors under the Loan Documents; (e) release, waive, or compromise any obligation of the Guarantor Obligors hereunder or any obligation of any nature of any other obligor primarily or secondarily obligated with respect to any of the Guaranteed Obligations, ; (df) release any security interest Agent’s Liens in, or surrender, release or permit any substitution or exchange for, all or any part of any property the Collateral now or hereafter securing any of the Guaranteed Obligations or any obligation hereunder, or extend or renew for one or more periods (whether or not longer than the original period) or release, waive, compromise, alter or exchange any obligations of any nature of any obligor Obligor with respect to any such property property; and (eg) resort to the Guarantor for demand payment or performance of any of the Guaranteed Obligations when duefrom any Obligor at any time or from time to time, whether or not Agent or any holder shall have resorted Lender has exercised any of its rights or remedies with respect to any property securing any of the Guaranteed Obligations or any obligation hereunder or shall have proceeded against any other obligor Obligor or other Person primarily or secondarily obligated with respect to liable for payment or performance of any of the Guaranteed Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Skechers Usa Inc)

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