Common use of Pledgor’s Obligations Absolute Clause in Contracts

Pledgor’s Obligations Absolute. The obligations of 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 the application provisions of any of the Notes, any other Loan Documents or with respect to any of the Secured Indebtedness, or any assignment or transfer of any interest thereon; (b) any waiver, consent, extension, or other action or inaction under or with respect to any Secured Indebtedness to Pledgee or any exercise or non-exercise of any right, remedy, power or privilege under or with respect thereto or with respect to this Agreement or any other Loan Document; (c) any furnishing of additional security to Pledgee or any release of security or guaranty by Pledgee; (d) any bankruptcy, insolvency, reorganization, dissolution, liquidation or other like proceeding relating to Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding; (e) release of any party liable either directly or indirectly for the Secured Indebtedness or any part thereof or for any covenant herein or in any other Loan Document; or (f) any other circumstances that might otherwise constitute a defense available to, or a discharge of, Pledgor with respect to the performance of its obligations under this Agreement. Without notice to or consent of Pledgor, and without impairment of the lien and security interest and other rights created by this Agreement, Pledgee may accept from Pledgor, or from any other person or persons, additional security for the Secured Indebtedness to Pledgee.

Appears in 2 contracts

Samples: American Pledge and Security Agreement (Stratum Holdings, Inc.), Canadian Pledge and Security Agreement (Stratum Holdings, Inc.)

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Pledgor’s Obligations Absolute. The obligations liability of each Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and and, unless otherwise expressly provided in any other Financing Document, 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 all or any of the Obligations, or in any other term of any of the Financing Documents, waiver, indulgence, renewal, extension, amendment or modification of or addition addition, consent or supplement to or deletion from the application provisions of any of the Notes, any other Loan Documents or with respect to any of the Secured Indebtedness, or any assignment or transfer of any interest thereon; (b) any waiver, consent, extension, or other action or inaction under or with in respect to any Secured Indebtedness to Pledgee of the Financing Documents or any exercise assignment or non-exercise transfer thereof; (b) any lack of validity or enforceability, in whole or in part, of any right, remedy, power or privilege under or with respect thereto or with respect to this Agreement or any other Loan Documentof the Financing Documents; (c) any furnishing of any additional security to Pledgee for the Obligations or any acceptance thereof or any release or non-perfection of any security or guaranty by Pledgeeinterest in property; (d) any limitation on any party's liability or obligations under any of the Financing Documents; (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to any Pledgor, any Pledged Subsidiary or any other Person, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding; (e) release , whether or not such Pledgor shall have notice or knowledge of any party liable either directly or indirectly for of the Secured Indebtedness or any part thereof or for any covenant herein or in any other Loan Documentforegoing; or (f) any other circumstances that might otherwise constitute a defense available toexchange, release, amendment or waiver of, or a discharge of, Pledgor with respect consent to the performance of its obligations under this Agreement. Without notice to or consent of Pledgor, and without impairment of the lien and security interest and other rights created by this Agreement, Pledgee may accept from Pledgor, or departure from any other person or persons, additional security for agreement pursuant to which a Lien is created in favor of the Secured Indebtedness to Pledgee.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Sweet Factory Inc /De/), Pledge and Security Agreement (Archibald Candy Canada Corp)

Pledgor’s Obligations Absolute. The obligations liability of Pledgor under this Agreement shall be absolute and unconditional and shall remain in full force and effect without regard to, and and, unless otherwise expressly provided in any other Financing Document, 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 all or any of the Obligations, or in any other term of any of the Financing Documents, waiver, indulgence, renewal, extension, amendment or modification of or addition addition, consent or supplement to or deletion from the application provisions of any of the Notes, any other Loan Documents or with respect to any of the Secured Indebtedness, or any assignment or transfer of any interest thereon; (b) any waiver, consent, extension, or other action or inaction under or with in respect to any Secured Indebtedness to Pledgee of the Financing Documents or any exercise assignment or non-exercise transfer thereof; (b) any lack of validity or enforceability, in whole or in part, of any right, remedy, power or privilege under or with respect thereto or with respect to this Agreement or any other Loan Documentof the Financing Documents; (c) any furnishing of any additional security to Pledgee for the Obligations or any acceptance thereof or any release or non-perfection of any security or guaranty by Pledgeeinterest in property; (d) any limitation on any party's liability or obligations under any of the Financing Documents; (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to the Pledgor, any Pledged Subsidiary or any other Person, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding; (e) release , whether or not the Pledgor shall have notice or knowledge of any party liable either directly or indirectly for of the Secured Indebtedness or any part thereof or for any covenant herein or in any other Loan Documentforegoing; or (f) any other circumstances that might otherwise constitute a defense available toexchange, release, amendment or waiver of, or a discharge of, Pledgor with respect consent to the performance of its obligations under this Agreement. Without notice to or consent of Pledgor, and without impairment of the lien and security interest and other rights created by this Agreement, Pledgee may accept from Pledgor, or departure from any other person or persons, additional security for agreement pursuant to which a Lien is created in favor of the Secured Indebtedness to Pledgee.

Appears in 1 contract

Samples: Pledge and Security Agreement (Archibald Candy Corp)

Pledgor’s Obligations Absolute. The obligations of 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 the application applicable provisions of any of the Notes, any other Loan Documents or with respect to any of the Secured Indebtedness, or any assignment or transfer of any interest thereontherein; (b) any waiver, consent, extension, indulgence or other action or inaction under or with respect to any Secured Indebtedness to Pledgee Pledgees or any exercise or non-exercise of any right, remedy, power or privilege under or with respect thereto or with respect to this Agreement or any other Loan Document; (c) any furnishing of additional security to Pledgee Pledgees or any release of security or guaranty by PledgeePledgees; (d) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding; (e) release of any party liable either directly or indirectly for the Secured Indebtedness or any part thereof or for any covenant herein or in any other Loan Document; or (f) any other circumstances that might otherwise constitute a defense available to, or a discharge of, Pledgor with respect to the performance of its obligations under this Agreement. Without notice to or consent of Pledgor, and without impairment of the lien and security interest and other rights created by this Agreement, Pledgee Pledgees may accept from Pledgor, or from any other person or persons, additional security for the Secured Indebtedness to PledgeePledgees.

Appears in 1 contract

Samples: Pledge and Security Agreement (Tradestar Services, Inc.)

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Pledgor’s Obligations Absolute. The obligations liability of Pledgor the Pledgors under this Pledge 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: by (a) any change in the time, place or manner of payment of all or any of the Obligations, or in any other term of the Securities Purchase Agreement, any Ancillary Agreement or the Notes, any waiver, indulgence, renewal, extension, amendment or modification of or addition addition, consent or supplement to or deletion from the application provisions of any of the Notes, any other Loan Documents or with respect to any of the Secured Indebtedness, or any assignment or transfer of any interest thereon; (b) any waiver, consent, extension, or other action or inaction under or with in respect to any Secured Indebtedness to Pledgee of the Securities Purchase Agreement, the Notes or any exercise or non-exercise of any right, remedy, power or privilege under or with respect thereto or with respect to this Ancillary Agreement or any other Loan Documentassignment or transfer thereof; (b) any lack of validity or enforceability, in whole or in part, of the Securities Purchase Agreement, any Ancillary Agreement or the Notes; (c) any furnishing of any additional security to Pledgee for the Obligations or any acceptance thereof or any release or non-perfection of any security or guaranty by Pledgeeinterests in the property other than the Pledged Collateral; (d) any limitation on any party's liability or Obligations under the Securities Purchase Agreement, any Ancillary Agreement or the Notes; (e) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to Pledgorthe Pledgors, or any action taken with respect to this Pledge Agreement by any trustee or receiver, or by any court, in any such proceeding; (e) release , whether or not the Pledgors shall have notice or knowledge of any party liable either directly or indirectly for of the Secured Indebtedness or any part thereof or for any covenant herein or in any other Loan Documentforegoing; or (f) any exchange, release or amendment or waiver of or consent to departure from the Securities Purchase Agreement, the Notes and any Ancillary Agreement, or any other circumstances agreement pursuant to which a Lien is created in favor of the Holders for the benefit of any Holder, pursuant to which a person other than the Pledgors have been granted a Security Interest; or (g) any other circumstance that might otherwise constitute a defense available to, or a discharge of, Pledgor with respect to the performance of its obligations under this Agreement. Without notice to or consent of Pledgor, and without impairment of the lien and security interest and other rights created by this Agreement, Pledgee may accept from Pledgor, or from any other person or persons, additional security for the Secured Indebtedness to PledgeePledgors.

Appears in 1 contract

Samples: Agreement and the Ancillary Agreements Represent the Final Agreement (Intracel Corp)

Pledgor’s Obligations Absolute. The obligations of 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 the application applicable provisions of any of the Notes, any other Loan Documents or with respect to any of the Secured Indebtedness, or any assignment or transfer of any interest thereontherein; (b) any waiver, consent, extension, indulgence or other action or inaction under or with respect to any Secured Indebtedness to Pledgee Pledgees or any exercise or non-exercise of any right, remedy, power or privilege under or with respect thereto or with respect to this Agreement or any other Loan Document; (c) any furnishing of additional security to Pledgee Pledgees or any release of security or guaranty by PledgeePledgees; (d) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceeding relating to Pledgor, or any action taken with respect to this Agreement by any trustee or receiver, or by any court, in any such proceeding; (e) release of any party liable either directly or indirectly for the Secured Indebtedness or any part thereof or for any covenant herein or in any other Loan Document; or (f) any other circumstances that might otherwise constitute a defense available to, or a discharge of, the Pledgor with respect to the performance of its obligations under this Agreement. Without notice to or consent of Pledgor, and without impairment of the lien and security interest and other rights created by this Agreement, Pledgee Pledgees may accept from Pledgor, or from any other person or persons, additional security for the Secured Indebtedness to PledgeePledgees.

Appears in 1 contract

Samples: Pledge and Security Agreement (Tradestar Services, Inc.)

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