PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all or any of the Notes or Obligations, or any assignment or transfer thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all or any of the Notes, Obligations or this Agreement; (c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary or any of their respective assignees, or any acceptance thereof, or any release of any security by the Pledgee, Parent, Subsidiary or any of their respective assignees; (d) any limitation on any party's liability or obligations under any or all of the Notes, Obligations, this Agreement or additional security agreement(s), or any invalidity or unenforceability, in whole or in part, of any of the foregoing; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to any of the Obligations, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Elxsi Corp /De//), Pledge and Security Agreement (Elxsi Corp /De//), Pledge and Security Agreement (Elxsi Corp /De//)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Document (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 3 contracts
Samples: Pledge Agreement, Pledge Agreement (CURO Group Holdings Corp.), Pledge Agreement (CURO Group Holdings Corp.)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect (except as otherwise provided herein under Section 19) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition addition, consent or supplement to or deletion from all or any of the Notes or Obligations, or any assignment or transfer thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all this Agreement, the Credit Agreement or any other Loan Document (as defined in the Credit Agreement), or any of the Notesother documents, instruments or agreements relating to the Secured Obligations or this any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of the Credit Agreement, or any other Loan Document (as defined in the Credit Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security or collateral to the Pledgee, Parent, Subsidiary for the benefit of the Pledgee and/or the Bank Product Providers; or any of their respective assignees, its assignees or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective its assignees; (d) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any obligor with respect to any of the Obligationsother Person, as applicable, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.
Appears in 3 contracts
Samples: Pledge Agreement (Easylink Services Corp), Pledge Agreement (Easylink Services Corp), Pledge Agreement (Easylink Services Corp)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement (so long as it remains a Pledgor hereunder) shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Agreement or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations or without limitation, this Agreement; (c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; (d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 3 contracts
Samples: Credit Agreement (Welbilt, Inc.), Credit Agreement (Manitowoc Foodservice, Inc.), Escrow Agreement (Manitowoc Foodservice, Inc.)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 or, with respect to a specific Pledgor, release of such Pledgor pursuant to Section 32 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 3 contracts
Samples: u.s. Pledge Agreement (Aleris International, Inc.), u.s. Pledge Agreement (Aleris International, Inc.), Pledge Agreement (Bway Corp)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 22 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Loan Document (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 3 contracts
Samples: Pledge Agreement (Ciena Corp), Credit Agreement (Ciena Corp), Term Loan Pledge Agreement (Ciena Corp)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 19 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; Agreement (cother than a waiver, consent or extension with respect to this Agreement in accordance with its terms);
(iii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 3 contracts
Samples: Pledge Agreement (EnerSys), Us Pledge Agreement (RPP Capital Corp), Pledge Agreement (EnerSys)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 hereof), including, without limitation: (ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms) or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this AgreementAgreement in accordance with its terms); (ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; (div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 2 contracts
Samples: Pledge Agreement (Dominos Inc), Pledge Agreement (Dominos Inc)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 19 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; Agreement (cother than a waiver, consent or extension with respect to this Agreement in accordance with its terms);
(iii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any obligor with respect to any Subsidiary of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 2 contracts
Samples: Hypothecation Agreement (Directv Group Inc), Hypothecation Agreement (Directv Holdings LLC)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each ------------------------------------ Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 19 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; Agreement (cother than a waiver, consent or extension with respect to this Agreement in accordance with its terms);
(iii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 2 contracts
Samples: Pledge Agreement (Dominos Pizza Government Services Division Inc), Pledge Agreement (Dominos Pizza Government Services Division Inc)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 22 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 2 contracts
Samples: Abl Credit Agreement (Ciena Corp), Pledge Agreement (Ciena Corp)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect (subject to the provisions of Section 20) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 2 contracts
Samples: Pledge Agreement (Quality Distribution Inc), Pledge Agreement (Consolidated Container Co LLC)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 hereof), including, without limitation: :
(a) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Loan Document (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolutiondis- solution, liquidation or other like proceeding relating to any obligor with respect to any of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 2 contracts
Samples: Bridge Loan Agreement, Pledge Agreement
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement or release of Collateral pursuant to Section 18 hereof), including, without limitation: :
(a) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent, extension, indulgence or other action or inaction with respect to this Agreement; Agreement in accordance with its terms);
(c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(d) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any obligor with respect to any Subsidiary of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 2 contracts
Samples: Pledge Agreement (TAL International Group, Inc.), Pledge Agreement (TAL International Group, Inc.)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 22 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Loan Document (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Restricted Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 2 contracts
Samples: Abl Credit Agreement (Ciena Corp), Security Agreement and Pledge Agreement (Ciena Corp)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all the Credit Documents, the Interest Rate Protection or Other Hedging Agreements, the Seller Promissory Note or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations or without limitation, this Agreement; (c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assigneesits assignee; (d) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any obligor with respect to any Subsidiary of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 2 contracts
Samples: Pledge Agreement (Coinmach Corp), Pledge Agreement (Coinmach Laundry Corp)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each ------------------------------------ Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect (subject to Section 3.23 hereof) without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Guaranteed Document or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations or without limitation, this Agreement; (ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assigneesits assignee; (div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary or Joint Venture of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 2 contracts
Samples: Credit Agreement (Wyndham International Inc), Increasing Rate Note Purchase and Loan Agreement (Wyndham International Inc)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The Except as otherwise provided in Section 18 hereof, the obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Document or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; (c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; (d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (e) any limitation on any other Pledgor’s liability or obligations under this Agreement or under any other Secured Debt Document or any invalidity or unenforceability, in whole or in part, of the foregoingthis Agreement or any other Secured Debt Document or any term thereof; or (ef) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Pledgor or any obligor with respect to any Subsidiary of the Obligationssuch Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 2 contracts
Samples: Senior Unsecured Credit Agreement (LaSalle Hotel Properties), Senior Unsecured Term Loan Agreement (LaSalle Hotel Properties)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 19 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; Agreement (cother than a waiver, consent or extension with respect to this Agreement in accordance with its terms);
(iii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 2 contracts
Samples: u.s. Pledge Agreement (Williams Scotsman Inc), u.s. Pledge Agreement (Williams Scotsman International Inc)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement or release of Collateral pursuant to Section 20 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 19 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Article XIX hereof), including, without limitation: :
(a) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Obligation Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; Agreement (other than a waiver, consent or extension with respect to this Agreement in accordance with its terms);
(c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assignees; its assignee;
(d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to any of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 19 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; ;
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Pledgor or any obligor with respect to Subsidiary of any of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Article XIX hereof), including, without limitation: :
(a) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Credit Document (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; Agreement (other than a waiver, consent or extension with respect to this Agreement in accordance with its terms);
(c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assignees; its assignee;
(d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to any of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 hereof), including, without limitation: :
(a) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Facility Document (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assignees; its assignee;
(d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all other Credit Documents or any of the Notes other Secured Debt Agreement, or Obligationsany other instrument or agreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; Agreement except as expressly provided in such renewal, extension, amendment, modification, addition, supplement, assignment or transfer;
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any partyperson's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like link proceeding relating to a Pledgor or any obligor with respect to any Subsidiary of the Obligationsa Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the a Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Pledge Agreement (Safety Components International Inc)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition addition, consent or supplement to or deletion from all or any of the Notes or Obligations, or any assignment or transfer thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all the Credit Transaction Documents or any of the Notesother documents, instruments or agreements relating to the Obligations or this Agreementany other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of the Credit Transaction Documents or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Secured Party or any of their respective assigneesParticipating Creditor, or any assignee thereof or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Secured Party or any of their respective assigneesParticipating Creditor or any assignee thereof; (d) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to any of the ObligationsPledgor, the Borrower or the Parent, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; or (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Obligations.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and to the extent permitted by applicable law, shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than payment in full of the Obligations), including, without limitation: :
(a) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all this Agreement and any other Loan Documents, or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; Agreement except as expressly provided in such renewal, extension, amendment, modification, addition, supplement, assignment or transfer;
(c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Administrative Agent or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Administrative Agent or any of their respective assignees; its assignee;
(d) any limitation on any party's Person’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to a Pledgor or any obligor with respect to any Subsidiary of the Obligationsa Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the a Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. (a) The obligations Obligations of the Pledgor under this Agreement shall be absolute absolute, unconditional and unconditional irrevocable and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise impaired or affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to SECTION 19 hereof), including, without limitation: :
(ai) the dissolution, termination of existence, winding up, bankruptcy, liquidation, insolvency, appointment of a receiver for all or any renewalpart of the Property of, extensionassignment for the benefit of creditors by, amendment or modification the commencement of any Bankruptcy or addition Insolvency Proceeding by or supplement to or deletion from all against, the Pledgor or any of the Notes Subsidiaries of the Pledgor;
(ii) the absorption, merger or consolidation of, or the effectuation of any other change whatsoever in the name, ownership, membership, constitution or place of organization or formation of, the Pledgor or any of its Subsidiaries;
(iii) any extension or postponement of the time for the payment of any of the Obligations, the acceptance of any partial payment thereon, any and all other indulgences whatsoever by any of the Secured Creditors in respect of any of the Obligations, the taking, addition, substitution or release, in whole or in part, at any time or times, of any collateral or Liens securing any of the Obligations, or any assignment the addition, substitution or transfer thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all or any of the Notes, Obligations or this Agreement; (c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary or any of their respective assignees, or any acceptance thereof, or any release of any security by the Pledgee, Parent, Subsidiary or any of their respective assignees; (d) any limitation on any party's liability or obligations under any or all of the Notes, Obligations, this Agreement or additional security agreement(s), or any invalidity or unenforceabilityrelease, in whole or in part, of any Person or Persons primarily or secondarily liable in respect of any of the foregoing; Obligations of the Pledgor;
(iv) any action or delay in acting or failure to act on the part of any Secured Creditor under any Loan Documents or in respect of any Obligations of the Pledgor or any collateral or Liens securing any Obligations of the Pledgor or otherwise, including (A) any action by any Secured Creditor to enforce any of its rights, remedies or claims in respect of any collateral or Liens securing any Obligations of the Pledgor, (B) any failure by any Secured Creditor strictly or diligently to assert any rights or to pursue any remedies or claims against the Pledgor or any other Person or Persons under any of the Loan Documents or provided by statute or at law or in equity, (C) any failure by the Pledgee or by any other Secured Creditor to perfect or to preserve the perfection or priority of any of its Liens securing any of the Obligations of the Pledgor, or (eD) any bankruptcyfailure or refusal by the Pledgee or by any other Secured Creditor to foreclose or to realize upon any collateral or Liens securing any of the Obligations of the Pledgor, insolvencyor to take any action to enforce any of its rights, reorganizationremedies or claims under any Loan Documents;
(v) any modification or amendment of, compositionor any supplement or addition to, adjustmentany of the Loan Documents;
(vi) any waiver, dissolution, liquidation consent or other like proceeding relating action or acquiescence by the Pledgee or by any other Secured Creditor in respect of any default by the Pledgor in its performance or observance of or compliance with any term, covenant or condition contained in any of the Loan Documents;
(vii) the existence or creation at any time or times on or after the date of this Agreement of any claim, defense, right of set-off or counterclaim of any nature whatsoever of the Pledgor against any of its Subsidiaries or against any of the Secured Creditors;
(viii) any incapacity or lack of authority of the Pledgor;
(ix) any of the Obligations of the Pledgor or any of the Loan Documents or any provision of any thereof or any of the Liens securing any of the Obligations of the Pledgor shall at any time and for any reason whatsoever cease to any obligor be in full force or effect with respect to the Pledgor or shall be declared null and void or illegal, invalid, unenforceable or inadmissible in evidence in relation to the Pledgor, or any of the Obligations of the Pledgor or any Liens securing any of the Obligations of the Pledgor shall be subject to avoidance, or shall be avoided, as a fraudulent transfer or fraudulent conveyance, whether prior to or after the commencement of any Insolvency Proceedings; or
(x) the existence of any other condition or circumstance or the occurrence of any other event or condition that might otherwise constitute a legal or equitable discharge of or a suretyship defense to performance by the Pledgor of any of its Obligations to any of the ObligationsSecured Creditors.
(b) THE PLEDGOR HEREBY ABSOLUTELY, or any action taken with respect UNCONDITIONALLY AND IRREVOCABLY WAIVES ALL SURETYSHIP AND OTHER SIMILAR DEFENSES TO PERFORMANCE BY THE PLEDGOR OF ANY OF ITS OBLIGATIONS TO THE PLEDGEE OR TO ANY OF THE OTHER SECURED CREDITORS.
(c) This Agreement shall be effective as to this Agreement and shall be enforceable by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgee against the Pledgor shall from and after the execution and delivery by the Pledgor of a counterpart of this Agreement.
(d) The Pledgor hereby absolutely, unconditionally and irrevocably assents to and waives notice of, and waives any defenses that it may otherwise have notice or knowledge as a result of, any and all circumstances, occurrences and other matters specified in CLAUSES (i) through (x) of any PARAGRAPH (a) of the foregoingthis SECTION 17.
Appears in 1 contract
Samples: Pledge Agreement (Chiquita Brands International Inc)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any obligor with respect to any Subsidiary of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Pledge Agreement (RCN Corp /De/)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and (except as provided in Section 18 hereof) shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Agreement or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations or without limitation, this Agreement; (c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; (d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any obligor with respect to any Subsidiary of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Credit Document (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition addition, consent or supplement to or deletion from all or any of the Notes or Obligations, or any assignment or transfer thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all the Credit Agreement, any Note, any other Credit Document, or any of the Notesother documents, instruments or agreements relating to the Secured Obligations or this any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of the Credit Agreement, any other Credit Document, or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary or any of their respective assignees, its assignees or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective its assignees; (d) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to the Pledgor or any of the ObligationsSubsidiaries, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; or (f) any exchange, release or nonperfection of any other collateral, or any release, amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations.
Appears in 1 contract
Samples: Stock Pledge and Security Agreement (Sci Systems Inc)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 19 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; Agreement (cother than a waiver, consent or extension with respect to this Agreement in accordance with its terms);
(iii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, the Bankruptcy Courts in any such proceedingthe Cases, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Shareholder Pledge Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: limitation any of the following (awhether or not the Pledgor consents thereto or has notice thereof): (i) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition addition, consent or supplement to or deletion from all or any of the Notes or Obligations, or any assignment or transfer thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all or any of the Notes, Secured Obligations or this Agreement; any documents, instruments or agreements relating to the Secured Obligations or any assignment or transfer of any thereof, (cii) any lack of validity or enforceability of any of the Secured Obligations or any documents, instruments or agreements relating to any of the Secured Obligations or any assignment or transfer of any thereof, (iii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary or any Secured Party for any of their respective the Secured Obligations, or its assignees, or any acceptance thereof, thereof or any release of any other security by the Pledgee, Parent, Subsidiary or any of their respective assignees; (d) any limitation on any party's liability or obligations under any or all of the Notes, Obligations, this Agreement or additional security agreement(s), or any invalidity or unenforceability, in whole or in part, of for any of the foregoing; or Secured Obligations by any Secured Party, (eiv) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to any of the ObligationsPledgor or the Company, or any action taken with respect to this Shareholder Pledge Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing, (v) any exchange, release or nonperfection of any collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations, (vi) the failure of any Secured Party to assert any claim or demand or to enforce any right or remedy in respect of any of the Secured Obligations against the Company or any other Credit Party under the provisions of the Financing Documents or otherwise, or (vii) any other act or failure to act by any Secured Party which may adversely affect the Pledgor.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with the terms hereof and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition addition, consent or supplement to or deletion from all or any of the Notes or Obligations, or any assignment or transfer thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all this Agreement, the Credit Agreement or any of the Notes, Obligations other Loan Documents or any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of this Agreement, the Credit Agreement or any of the other Loan Documents or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary or any of their respective assignees, or any acceptance thereof, or any release of any security by the Pledgee, Parent, Subsidiary or any of their respective assignees; (d) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (d) any furnishing of any additional security to the foregoingAdministrative Agent or its assignees or any acceptance thereof or any release of any security by the Administrative Agent or its assignees; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to any of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, regardless of whether or not the Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any Lien on any other collateral, or any release or amendment or waiver of or consent to departure from any guarantee or security, for all or any of the Secured Obligations; or (g) any other circumstance that might otherwise constitute a defense available to, or a discharge of, Pledgor.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations obli gations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, dischargeddis charged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any renewal, extension, amendment or modification of or addition addi tion or supplement to or deletion from all the Credit Documents, the Interest Rate Protection Agreements or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations or without limitation, this Agreement; (c) any furnishing of any additional addi tional security to the Pledgee, Parent, Subsidiary Pledgee or its assignee or any of their respective assignees, or any acceptance thereof, accep tance thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; (d) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity in validity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (e) any bankruptcybank ruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any obligor with respect to any Subsidiary of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiverre ceiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (except the indefeasible payment in full in cash of all Obligations), including, without limitation: (ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Agreement or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations or without limitation, this Agreement; (ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; (div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Credit Agreement (Doubletree Corp)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Agreement or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such Secured Debt Agreement or any of the Notesother agreement or instrument including, Obligations or without limitation, this Agreement; (ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; (div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any obligor with respect to any Subsidiary of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoingforegoing (it being understood that the enforcement hereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar rights generally affecting creditors' rights and by equitable principles (regardless of whether enforcement is sought in equity or at law)).
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all from, any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolutiondis-solu-tion, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Pledge Agreement (RCN Corp /De/)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Agreement or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; (ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee 7 78 or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; (div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (v) any limitation on any other Pledgor's liability or obligations under this Agreement or under any other Secured Debt Agreement or any invalidity or unenforceability, in whole or in part, of the foregoingthis Agreement or any other Secured Debt Agreement or any term thereof; or (evi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Pledgor or any obligor with respect to any Subsidiary of the Obligationssuch Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Short Term Revolving Credit Agreement (Foster Wheeler Corp)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 19. hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any obligor with respect to any subsidiary of the ObligationsPledgor (if any), or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Document or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations or without limitation, this Agreement; (ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; (div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (v) any limitation on any other Pledgor's liability or obligations under this Agreement, the Subsidiaries Guaranty, the Senior Note Subsidiaries Guaranty or any other Secured Debt Document or any invalidity or unenforceability, in whole or in part, of this Agreement, the foregoingSubsidiaries Guaranty, the Senior Note Subsidiaries Guaranty or any other Secured Debt Documents or any term thereof; or (evi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Pledgor or any obligor with respect to any Subsidiary of the Obligationssuch Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Subsidiaries Pledge Agreement (Menasco Aerosystems Inc)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than for the indefeasible payment in full in cash of all Obligations), including, without limitation: (ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Agreement or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations or without limitation, this Agreement; (ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; (div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Pledge Agreement (Scot Inc)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 hereof), including, without limitation: :
(a) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Short Term Credit Agreement (CURO Group Holdings Corp.)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Agreement or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; (ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; (div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (v) any limitation on any other Pledgor's liability or obligations under this Agreement or under any other Secured Debt Agreement or any invalidity or unenforceability, in whole or in part, of the foregoingthis Agreement or any other Secured Debt Agreement or any ten-n thereof; or (evi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Pledgor or any obligor with respect to any Subsidiary of the Obligationssuch Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 19 hereof or, with respect to a specific Pledgor, release of such Pledgor pursuant to Section 31), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any change in the time, manner or place of payment of all or any of the Secured Obligations, or any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or Table of Contents
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Agreement or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; (ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; (div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (v) any limitation on any other Pledgor's liability or obligations under this Agreement, the Guaranty or any other Credit Document or any invalidity or unenforceability, in whole or in part, of this Agreement, the foregoingGuaranty or any other Credit Document or any term thereof; or (evi) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Pledgor or any obligor with respect to any Subsidiary of the Obligationssuch Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Pledge and Security Agreement (Starwood Hotel & Resorts Worldwide Inc)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition addition, consent or supplement to or deletion from all or any of the Notes or Obligations, or any assignment or transfer thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all the Credit Transaction Documents or any of the Notesother documents, instruments or agreements relating to the Obligations or this Agreementany other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of the Credit Transaction Documents or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Secured Party or any of their respective assigneesParticipating Creditor, or any assignee thereof or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Secured Party or any of their respective assigneesParticipating Creditor or any assignee thereof; (d) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to any of the ObligationsPledgor or the Borrower, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; or (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Obligations.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolutiondis-solu-tion, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Article 20 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all from, any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Credit Agreement (Walter Investment Management Corp)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 19 hereof or, with respect to a specific Pledgor, release of such Pledgor pursuant to Section 31 hereof), including, without limitation: :
(a) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Credit Document (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Performance Sports Group Ltd.)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, accordance with its terms and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition addition, consent or supplement to or deletion from all or any of the Notes or Obligations, or any assignment or transfer thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all the Loan Agreement or any other Financing Agreement, or any of the Notesother documents, instruments or agreements relating to the Secured Obligations or this any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of the Loan Agreement, or any other Financing Agreement, or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security or collateral to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignees or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective its assignees; (d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in partparty, of any of the foregoingsuch instrument or agreement or any term thereof; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to any of the ObligationsPledgor, as applicable, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (except the indefeasible payment in full in cash of all Obligations), including, without limitation: (ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Agreement or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations or without limitation, this Agreement; (ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; (div) any limitation on any partyPerson's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Pledge Agreement shall be be, to the fullest extent permitted by applicable Law, absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Transaction Document or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations or without limitation, this Pledge Agreement; (ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Trustee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Trustee or any of their respective assigneesits assignee; (div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Pledgor or any obligor with respect to any Subsidiary of the Obligationssuch Pledgor, or any action taken with respect to this Pledge Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Pledge and Security Agreement (Landmark Infrastructure Partners LP)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, whatsoever (except full payment of all Secured Obligations) including, without limitation: (a) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all from, the Note or any document relating to any of the Notes Secured Obligations or Obligationsany other instrument or agreement referred to therein, or any assignment or transfer thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such instrument or agreement or this Agreement or any exercise or non-exercise of any right, remedy, power or privilege under or in respect of this agreement or the Note or any document relating to any of the Notes, Obligations or this AgreementSecured Obligations; (c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary or any of their respective assignees, Pledgee or any acceptance thereof, thereof or any release sale, exchange, release, surrender or realization of or upon any security by the Pledgee, Parent, Subsidiary ; or any of their respective assignees; (d) any limitation on any party's liability invalidity, irregularity or obligations under any unenforceability of all or all part of the NotesSecured Obligations or of any security therefor. Pledgor specifically waives and covenants not to assert any rights and claims to require Pledgee to marxxxxx xxy assets, liens, or parties liable in respect of the Secured Obligations, this Agreement or additional security agreement(sand agrees that Pledgee may enforce rights and proceed against the Collateral, and any of the other assets, liens, Pledgor, guarantor(s), or any invalidity or unenforceability, parties liable in whole or in part, respect of any of the foregoing; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to any of the Obligations, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, Secured Obligations in any such proceedingorder or sequence, whether or not the Pledgor shall have notice or knowledge of any of the foregoingall as Pledgee may elect in his sole, absolute, and uncontrolled discretion.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. (a) The obligations Obligations of the each Pledgor under this Agreement shall be absolute absolute, unconditional and unconditional irrevocable and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise impaired or affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 19 hereof or as otherwise provided in the Loan Documents), including, without limitation: :
(ai) the dissolution, termination of existence, winding up, bankruptcy, liquidation, insolvency, appointment of a receiver for all or any renewalpart of the Property of, extensionassignment for the benefit of creditors by, amendment or modification the commencement of any Insolvency Proceeding by or addition or supplement to or deletion from all against, any of the other Pledgors or any of the Notes or Obligations, or any assignment or transfer thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect Subsidiaries of all or any of the NotesPledgors;
(ii) the absorption, Obligations merger or this Agreement; (c) any furnishing consolidation of, or the effectuation of any additional security to other change whatsoever in the Pledgeename, Parentownership, Subsidiary membership, constitution or place of organization or formation of, any of the Pledgors or any of their respective assigneesSubsidiaries;
(iii) any extension or postponement of the time for the payment of any of the Obligations of any of the Pledgors, the acceptance of any partial payment thereon, any and all other indulgences whatsoever by any of the Secured Parties in respect of any of the Obligations of any of the Pledgors, the taking, addition, substitution or release, in whole or in part, at any time or times, of any collateral or Liens securing any of the Obligations of any of the Pledgors, or any acceptance thereofthe addition, substitution or any release of any security by the Pledgee, Parent, Subsidiary or any of their respective assignees; (d) any limitation on any party's liability or obligations under any or all of the Notes, Obligations, this Agreement or additional security agreement(s), or any invalidity or unenforceabilityrelease, in whole or in part, of any Person or Persons (including any of the foregoing; Pledgors or Subsidiary Guarantors) primarily or secondarily liable in respect of any of the Obligations of any of the Pledgors;
(iv) any action or delay in acting or failure to act on the part of any Secured Party under any of the Loan Documents or in respect of any Obligations of any of the Pledgors or any collateral or Liens securing any Obligations of any of the Pledgors or otherwise, including (A) any action by any Secured Party to enforce any of its rights, remedies or claims in respect of any collateral or Liens securing any Obligations of any of the Pledgors, (B) any failure by any Secured Party strictly or diligently to assert any rights or to pursue any remedies or claims against any of the Pledgors or any other Person or Persons under any of the Loan Documents or provided by statute or at law or in equity, (C) any failure by the Pledgee or by any other Secured Party to perfect or to preserve the perfection or priority of any of its Liens securing any of the Obligations of any of the Pledgors, or (eD) any bankruptcyfailure or refusal by the Pledgee or by any other Secured Party to foreclose or to realize upon any collateral or Liens securing any of the Obligations of any of the Pledgors, insolvencyor to take any action to enforce any of its rights, reorganizationremedies or claims under any of the Loan Documents;
(v) any modification or amendment of, compositionor any supplement or addition to, adjustmentany of the Loan Documents;
(vi) any waiver, dissolution, liquidation consent or other like proceeding relating action or acquiescence by the Pledgee or by any other Secured Party in respect of any default by any of the Pledgors in its performance or observance of or compliance with any term, covenant or condition contained in any of the Loan Documents;
(vii) the existence or creation at any time or times on or after the date of this Agreement of any claim, defense, right of set-off or counterclaim of any nature whatsoever of any Pledgor against any of the other Pledgors or Loan Parties or against any of the Secured Parties;
(viii) any incapacity or lack of authority of any Pledgor;
(ix) any of the Obligations of any of the Pledgors or any of the Loan Documents or any provision of any thereof or any of the Liens securing any of the Obligations of any of the Pledgors shall at any time and for any reason whatsoever cease to any obligor be in full force or effect with respect to any one or more of the ObligationsPledgors or shall be declared null and void or illegal, invalid, unenforceable or inadmissible in evidence in relation to any one or more of the Pledgors, or any action taken with respect of the Obligations of any one or more of the Pledgors or any Liens securing any of the Obligations of any one or more of the Pledgors shall be subject to this Agreement avoidance, or shall be avoided, as a fraudulent transfer or fraudulent conveyance, whether prior to or after the commencement of any Insolvency Proceedings; or
(x) the existence of any other condition or circumstance or the occurrence of any other event or condition that might otherwise constitute a legal or equitable discharge of or a suretyship defense to performance by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of its Obligations to any of the foregoingSecured Parties.
(b) Each Pledgor hereby absolutely, unconditionally and irrevocably waives, to the extent permitted under Applicable Law, all suretyship and other similar defenses to performance by such Pledgor of any of its Obligations to the Pledgee or to any of the other Secured Parties.
(c) This Agreement shall be effective as to and shall be enforceable by the Pledgee against each Pledgor from and after the execution and delivery by such Pledgor of a counterpart of this Agreement. The agreements and obligations of each Pledgor under this agreement are separate and independent from and in addition to the agreements and Obligations of each other Pledgor under the Guaranty Agreement and the other Collateral Documents and shall be enforceable by the Pledgee against each Pledgor notwithstanding (i) the failure of any other Pledgor party thereto to execute and deliver a counterpart of this Agreement or the Guaranty Agreement, (ii) the invalidity, unenforceability or inadmissibility in evidence of this Agreement or the Guaranty Agreement against any other Pledgor party thereto, (iii) the release by the Pledgee of all or any of the other Pledgors from all or any part of their Obligations under this Agreement or the Guaranty Agreement, or the release by the Pledgee of all or any part of the Collateral granted by all or any of the other Pledgors to the Pledgee under this Agreement or any of the other Collateral Documents, or (iv) any waiver by the Pledgee of, or any consent by the Pledgee to any departure from, any of the agreements or Obligations of any other Pledgor under this Agreement or the Guaranty Agreement on any occasion or occasions, or any failure by the Pledgee to enforce any of the agreements or Obligations of any other Pledgor under this Agreement, any of the other Collateral Documents or the Guaranty Agreement on any occasion or occasions.
(d) Each of the Pledgors hereby absolutely, unconditionally and irrevocably assents to and waives notice of, and waives any defenses that it may otherwise have as a result of, any and all circumstances, occurrences and other matters specified in clauses (i) through (x) of paragraph (a) of this Section 17.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20), including, without limitation: :
(a) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Senior Finance Document (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Pledge Agreement (Wakefield Cable Communications LTD)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any and circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 9 hereof), including, including without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Document (other than this Agreement to the limited extent of such renewal, extension, amendment, modification, addition or supplement made in accordance with the terms of this Agreement), or any of the Notes other instrument or Obligationsagreement referred to herein or therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all this Agreement or any other Document (other than a waiver, consent or extension with respect to this Agreement to the limited extent thereof made in accordance with the terms of the Notes, Obligations or this Agreement; );
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary or any of their respective assignees; its assignee;
(div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to any of the ObligationsPledgor, or any action taken with respect to this Agreement or any other Document or agreement by any trustee or receiver, ; or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Agreement or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; (c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; (d) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any such instrument or agreement or any term thereof; (e) any limitation on any other Pledgor's liability or obligations under this Agreement, the Guaranty or any other Loan Document or any invalidity or unenforceability, in whole or in part, of this Agreement, the foregoingGuaranty or any other Loan Document or any term thereof; or (ef) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Pledgor or any obligor with respect to any Subsidiary of the Obligationssuch Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Pledge and Security Agreement (Felcor Lodging Trust Inc)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. (a) The obligations Obligations of the each Pledgor under this Agreement shall be absolute absolute, unconditional and unconditional irrevocable and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise impaired or affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to SECTION 19 hereof), including, without limitation: :
(ai) the dissolution, termination of existence, winding up, bankruptcy, liquidation, insolvency, appointment of a receiver for all or any renewalpart of the Property of, extensionassignment for the benefit of creditors by, amendment or modification the commencement of any Insolvency Proceeding by or addition or supplement to or deletion from all against, any of the other Pledgors or any of the Notes or Obligations, or any assignment or transfer thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect Subsidiaries of all or any of the NotesPledgors;
(ii) the absorption, Obligations merger or this Agreement; (c) any furnishing consolidation of, or the effectuation of any additional security to other change whatsoever in the Pledgeename, Parentownership, Subsidiary membership, constitution or place of organization or formation of, any of the Pledgors or any of their respective assigneesSubsidiaries;
(iii) any extension or postponement of the time for the payment of any of the Obligations of any of the Pledgors, the acceptance of any partial payment thereon, any and all other indulgences whatsoever by any of the Secured Creditors in respect of any of the Obligations of any of the Pledgors, the taking, addition, substitution or release, in whole or in part, at any time or times, of any collateral or Liens securing any of the Obligations of any of the Pledgors, or any acceptance thereofthe addition, substitution or any release of any security by the Pledgee, Parent, Subsidiary or any of their respective assignees; (d) any limitation on any party's liability or obligations under any or all of the Notes, Obligations, this Agreement or additional security agreement(s), or any invalidity or unenforceabilityrelease, in whole or in part, of any Person or Persons (including any of the foregoing; Pledgors or Subsidiary Guarantors) primarily or secondarily liable in respect of any of the Obligations of any of the Pledgors;
(iv) any action or delay in acting or failure to act on the part of any Secured Creditor under any of the Secured Debt Agreements or in respect of any Obligations of any of the Pledgors or any collateral or Liens securing any Obligations of any of the Pledgors or otherwise, including (A) any action by any Secured Creditor to enforce any of its rights, remedies or claims in respect of any collateral or Liens securing any Obligations of any of the Pledgors, (B) any failure by any Secured Creditor strictly or diligently to assert any rights or to pursue any remedies or claims against any of the Pledgors or any other Person or Persons under any of the Secured Debt Agreements or provided by statute or at law or in equity, (C) any failure by the Pledgee or by any other Secured Creditor to perfect or to preserve the perfection or priority of any of its Liens securing any of the Obligations of any of the Pledgors, or (eD) any bankruptcyfailure or refusal by the Pledgee or by any other Secured Creditor to foreclose or to realize upon any collateral or Liens securing any of the Obligations of any of the Pledgors, insolvencyor to take any action to enforce any of its rights, reorganizationremedies or claims under any Secured Debt Agreements;
(v) any modification or amendment of, compositionor any supplement or addition to, adjustmentany of the Secured Debt Agreements;
(vi) any waiver, dissolution, liquidation consent or other like proceeding relating action or acquiescence by the Pledgee or by any other Secured Creditor in respect of any default by any of the Pledgors in its performance or observance of or compliance with any term, covenant or condition contained in any of the Secured Debt Agreements;
(vii) the existence or creation at any time or times on or after the date of this Agreement of any claim, defense, right of set-off or counterclaim of any nature whatsoever of any Pledgor against any of the other Pledgors or Credit Parties or against any of the Secured Creditors;
(viii) any incapacity or lack of authority of any Pledgor;
(ix) any of the Obligations of any of the Pledgors or any of the Secured Debt Agreements or any provision of any thereof or any of the Liens securing any of the Obligations of any of the Pledgors shall at any time and for any reason whatsoever cease to any obligor be in full force or effect with respect to any one or more of the ObligationsPledgors or shall be declared null and void or illegal, invalid, unenforceable or inadmissible in evidence in relation to any one or more of the Pledgors, or any action taken with respect of the Obligations of any one or more of the Pledgors or any Liens securing any of the Obligations of any one or more of the Pledgors shall be subject to this Agreement avoidance, or shall be avoided, as a fraudulent transfer or fraudulent conveyance, whether prior to or after the commencement of any Insolvency Proceedings; or
(x) the existence of any other condition or circumstance or the occurrence of any other event or condition that might otherwise constitute a legal or equitable discharge of or a suretyship defense to performance by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of its Obligations to any of the foregoingSecured Creditors.
(b) EACH PLEDGOR HEREBY ABSOLUTELY, UNCONDITIONALLY AND IRREVOCABLY WAIVES ALL SURETYSHIP AND OTHER SIMILAR DEFENSES TO PERFORMANCE BY SUCH PLEDGOR OF ANY OF ITS OBLIGATIONS TO THE PLEDGEE OR TO ANY OF THE OTHER SECURED CREDITORS.
(c) This Agreement shall be effective as to and shall be enforceable by the Pledgee against each Pledgor from and after the execution and delivery by such Pledgor of a counterpart of this Agreement. The agreements and obligations of each Pledgor under this agreement are separate and independent from and in addition to the agreements and Obligations of each other Pledgor hereunder and shall be enforceable by the Pledgee against each Pledgor notwithstanding
(i) the failure of any other Pledgor to execute and deliver a counterpart of this Agreement, (ii) the invalidity, unenforceability or inadmissibility in evidence of this Agreement against any other Pledgor, (iii) the release by the Pledgee of all or any of the other Pledgors from all or any part of their Obligations under this Agreement, or the release by the Pledgee of all or any part of the Collateral granted by all or any of the other Pledgors to the Pledgee under this Agreement, or (iv) any waiver by the Pledgee of, or any consent by the Pledgee to any departure from, any of the agreements or Obligations of any other Pledgor hereunder on any occasion or occasions, or any failure by the Pledgee to enforce any of the agreements or Obligations of any other Pledgor hereunder on any occasion or occasions.
(d) Each of the Pledgors hereby absolutely, unconditionally and irrevocably assents to and waives notice of, and waives any defenses that it may otherwise have as a result of, any and all circumstances, occurrences and other matters specified in CLAUSES (i) through (x) of PARAGRAPH (a) of this SECTION 17.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Indenture Document (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Document (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee (or any of their respective assignees; as directed by the Secured Parties) or its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Pledge Agreement (Acco Brands Corp)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement or release of Collateral pursuant to Section 18 hereof), including, without limitation: :
(a) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent, extension, indulgence or other action or inaction with respect to this Agreement; Agreement in accordance with its terms);
(c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any obligor with respect to any Subsidiary of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (ai) any renewal, extension, amendment or modification of or addition or supplement -------------------------- * Deleted as executed. 16 142 EXHIBIT G* to or deletion from all any Secured Debt Agreement or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations or without limitation, this Agreement; (ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; (div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 19 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; ;
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to such Pledgor or any obligor with respect to Subsidiary of any of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement or release of Collateral or any Pledgor, in each case, pursuant to SectionSections 22 and 34 hereof, as applicable), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Loan Document (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Restricted Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.. A-(27)
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20), including, without limitation: :
(a) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Senior Finance Document (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any obligor with respect to any Subsidiary of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Pledge Agreement (Wakefield Cable Communications LTD)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 22 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this NEWYORK 9251668 (2K) Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Pledge Agreement (Ciena Corp)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect without regard to, (except as otherwise provided under Section 16 hereof) and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term, provision or condition of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition addition, consent or supplement to or deletion from all or any other action or inaction under, to or in respect of this Agreement or the Promissory Note, or any of the Notes other documents, instruments or Obligations, agreements relating to the Secured Obligations or any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any waiverlack of validity or enforceability of the Promissory Note, consent, extension, indulgence or other action or inaction under or in respect of all or any other documents, instruments or agreements referred to therein or any assignment or transfer of the Notes, Obligations or this Agreementany thereof; (c) any furnishing of any additional security or collateral to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignees or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective its assignees; (d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof (other than Pledgor or this Agreement); or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to any of the ObligationsPledgor, as applicable, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, Pledgor other than payment in full.
Appears in 1 contract
Samples: Pledge Agreement (Investview, Inc.)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional in accordance with its terms and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition addition, consent or supplement to or deletion from all or any of the Notes or Obligations, or any assignment or transfer thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all the Loan Agreement, the Note, any other Financing Document, or any of the Notesother documents, instruments or agreements relating to the Secured Obligations or this any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of the Loan Agreement, any other Financing Document, or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary or any of their respective assignees, its assignees or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective its assignees; (d) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to the Pledgor or any of the Obligationsits Subsidiaries, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; or (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations.
Appears in 1 contract
Samples: Loan Agreement (Cryolife Inc)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 19 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; Agreement (cother than a waiver, consent or extension with respect to this Agreement in accordance with its terms);
(iii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: u.s. Pledge Agreement (Williams Scotsman of Canada Inc)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 20 hereof), including, without limitation: :
(a) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations without limitation, this Agreement (other than a waiver, consent or extension with respect to this Agreement; Agreement in accordance with its terms);
(c) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, it assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees; its assignee;
(d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or or
(e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The Prior to the Termination Date, the obligations of the each Pledgor under this Agreement Agreement, unless released pursuant to Section 19 or 32, shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, by any circumstance or occurrence whatsoever, including, without limitation: (ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Secured Debt Agreement or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer thereofof any thereof (except to the extent that any such modification expressly and directly relates to such Pledgor’s obligations under this Agreement); (bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notesinstrument including, Obligations or without limitation, this Agreement; (ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assigneesits assignee; (div) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoingsuch instrument or agreement or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to Pledgor or any Subsidiary of the Obligationsany Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the such Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (except as provided under Section 18), including, without limitation: (ai) any renewal, extension, amendment or modification of or addition or supplement to or deletion from all any Debt Document or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; (bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any Debt Document or any of the Notesother agreement or instrument referred to therein including, Obligations or without limitation, this Agreement; (ciii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Collateral Agent or any of their respective assigneesits assignee (except as provided under Section 18); (div) any limitation on any party's liability or obligations under any Debt Document or all of the Notes, Obligations, this Agreement other instrument or additional security agreement(s), agreement referred to therein or any invalidity or unenforceability, in whole or in part, of any of the foregoingDebt Document or other instrument or agreement referred to therein or any term thereof; or (ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any obligor with respect to any of the ObligationsIssuer, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Stock Pledge Agreement (Southern Star Central Corp)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoeverwhatsoever (other than termination of this Agreement pursuant to Section 19 hereof), including, without limitation: :
(ai) any renewal, extension, amendment or modification of of, or addition or supplement to or deletion from all any Secured Debt Agreement (other than this Agreement in accordance with its terms), or any of the Notes other instrument or Obligationsagreement referred to therein, or any assignment or transfer of any thereof; ;
(bii) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all any such agreement or any of the Notes, Obligations instrument or this Agreement; Agreement (cother than a waiver, consent or extension with respect to this Agreement in accordance with its terms);
(iii) any furnishing of any additional security to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignee or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective assigneesits assignee; 135
(div) any limitation on any party's liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in part, of any of the foregoing; such instrument or agreement or any term thereof or
(ev) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor or any obligor with respect to any Subsidiary of the ObligationsPledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing.
Appears in 1 contract
Samples: Credit Agreement (Ceres Group Inc)
PLEDGORS’ OBLIGATIONS ABSOLUTE, ETC. The obligations of the Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, accordance with its terms and shall not be released, suspended, discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever, including, without limitation: (a) any change in the time, place or manner of payment of, or in any other term of, all or any of the Secured Obligations, any waiver, indulgence, renewal, extension, amendment or modification of or addition addition, consent or supplement to or deletion from all or any of the Notes or Obligations, or any assignment or transfer thereof; (b) any waiver, consent, extension, indulgence or other action or inaction under or in respect of all the Loan Agreement or any other Loan Document (as defined in the Loan Agreement), or any of the Notesother documents, instruments or agreements relating to the Secured Obligations or this any other instrument or agreement referred to therein or any assignment or transfer of any thereof; (b) any lack of validity or enforceability of the Loan Agreement, or any other Loan Document (as defined in the Loan Agreement), or any other documents, instruments or agreement referred to therein or any assignment or transfer of any thereof; (c) any furnishing of any additional security or collateral to the Pledgee, Parent, Subsidiary Pledgee or any of their respective assignees, its assignees or any acceptance thereof, thereof or any release of any security by the Pledgee, Parent, Subsidiary Pledgee or any of their respective its assignees; (d) any limitation on any party's ’s liability or obligations under any such instrument or all of the Notes, Obligations, this Agreement or additional security agreement(s), agreement or any invalidity or unenforceability, in whole or in partparty, of any of the foregoingsuch instrument or agreement or any term thereof; or (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any obligor with respect to any of the ObligationsPledgor, as applicable, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding, whether or not the Pledgor shall have notice or knowledge of any of the foregoing; (f) any exchange, release or nonperfection of any other collateral, or any release, or amendment or waiver of or consent to departure from any guaranty or security, for all or any of the Secured Obligations; or (g) any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Pledgor.
Appears in 1 contract
Samples: Pledge Agreement (HydroGen CORP)