Common use of Release of Collateral, Parties Liable, etc Clause in Contracts

Release of Collateral, Parties Liable, etc. Guarantor agrees that Lender may at any time, and from time to time, at Xxxxxx's discretion and with or without notice or consideration to or consent from any party: (a) allow substitution or withdrawal of any collateral or other security for the Obligations; (b) sell, exchange, release, subordinate its lien on, surrender, realize upon or otherwise deal with in any manner and in any order any property at any time pledged or mortgaged to secure or securing the Obligations or any liabilities incurred directly or indirectly hereunder or any offset against any of said liabilities; (c) release any party liable on the Obligations including Borrower or any guarantor; (d) extend, renew or rearrange all or any part of the Obligations at any time and from time to time, whether or not for a term or terms in excess of the original term thereof; (e) modify or amend any of the instruments, agreements, or documents executed in connection with the Obligations; or (f) exercise or refrain from exercising any rights against Borrower or others, or otherwise act or refrain from acting. Any of such actions may be taken without impairing or diminishing the obligations of Guarantor hereunder. The liability of Guarantor shall not be impaired or reduced by any failure, refusal, or neglect to collect the Obligations, or by loss or subordination of any other collateral or guaranty, or by the existence of any indebtedness of Borrower to Lender other than the Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty for the Obligations in addition to the security or guaranties presently existing.

Release of Collateral, Parties Liable, etc. Guarantor agrees that Lender may at any time, and from time to time, at XxxxxxLender's discretion and with or without notice or consideration to or consent from any party: (a) allow substitution or withdrawal of any collateral or other security for the Obligations; (b) sell, exchange, release, subordinate its lien on, surrender, realize upon or otherwise deal with in any manner and in any order any property at any time pledged or mortgaged to secure or securing the Obligations or any liabilities incurred directly or indirectly hereunder or any offset against any of said liabilities; (c) release any party liable on the Obligations including Borrower or any guarantor; (d) extend, renew or rearrange all or any part of the Obligations at any time and from time to time, whether or not for a term or terms in excess of the original term thereof; (e) modify or amend any of the instruments, agreements, or documents executed in connection with the Obligations; or (f) exercise or refrain from exercising any rights against Borrower or others, or otherwise act or refrain from acting. Any of such actions may be taken without impairing or diminishing the obligations of Guarantor hereunder. The liability of Guarantor shall not be impaired or reduced by any failure, refusal, or neglect to collect the Obligations, or by loss or subordination of any other collateral or guaranty, or by the existence of any indebtedness of Borrower to Lender other than the Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty for the Obligations in addition to the security or guaranties presently existing.

Release of Collateral, Parties Liable, etc. The Guarantor agrees that Lender (a) any or all of the Collateral, the Pledged Collateral and other collateral, security and Property now or hereafter held for the Guaranty or the Guarantee Liabilities may at any timebe exchanged, and released, terminated, modified, sold, assigned, participated, pledged, compromised, surrendered or otherwise transferred or disposed of from time to time, at Xxxxxx's discretion and with or without notice or consideration to or consent from any party: (a) allow substitution or withdrawal of any collateral or other security for the Obligations; (b) sellexcept as expressly set forth in the Credit Documents, exchangethe Administrative Agent and the Lenders shall have no obligation to protect, releaseperfect, subordinate its lien on, surrender, realize upon or otherwise deal with in any manner and in any order any property at any time pledged or mortgaged to secure or securing insure any Collateral, the Obligations Pledged Collateral or any liabilities incurred directly collateral, security, Property, Liens, interests or indirectly hereunder encumbrances now or any offset against any of said liabilitieshereafter held for the Guaranty or the Guarantee Liabilities or the Properties subject thereto; (c) release any party liable on the Obligations including Borrower time, place, manner or any guarantorterms of payment of the Guarantee Liabilities may be changed or extended, in whole or in part, to a time certain or otherwise, and may be renewed or accelerated, in whole or in part; (d) extendthe Borrowers, renew or rearrange all or the Pledgor, the other Credit Parties and other Persons may be granted indulgences generally; (e) any part of the Obligations at any time provisions of the Credit Agreement and the other Credit Documents and the Guarantee Liabilities may be modified, amended, waived, supplemented, replaced or restated from time to time, whether or not for a term or terms in excess of the original term thereof; (e) modify or amend any of the instruments, agreements, or documents executed in connection with the Obligations; or (f) exercise any party liable for the payment of the Guarantee Liabilities, including, without limitation, other guarantors, may be granted indulgences or refrain from exercising released; and (g) any rights against Borrower deposit balance for the credit of the Borrowers or othersany other party liable for the payment of the Guarantee Liabilities, including, without limitation, other guarantors, or otherwise act or refrain from acting. Any of such actions liable upon any security therefor, may be taken released, in whole or in part, at, before and/or after the stated, extended or accelerated maturity of the Guarantee Liabilities, all of the foregoing in clauses (a) through (g) without impairing notice to or diminishing the obligations of Guarantor hereunder. The liability of Guarantor shall not be impaired or reduced by any failure, refusal, or neglect to collect the Obligations, or by loss or subordination of any other collateral or guaranty, or further assent by the existence of Guarantor, who shall remain bound thereon, notwithstanding any indebtedness of Borrower to Lender such exchange, compromise, surrender, extension, renewal, acceleration, modification, indulgence, release or other than the Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty for the Obligations in addition to the security or guaranties presently existingact.

Release of Collateral, Parties Liable, etc. The Guarantor agrees that Lender (a) any or all of the Collateral, the Pledged Collateral and other collateral, security and Property now or hereafter held for the Guarantee or the Guarantee Obligations may at any timebe exchanged, and released, terminated, modified, sold, assigned, participated, pledged, compromised, surrendered or otherwise transferred or disposed of from time to time, at Xxxxxx's discretion and with or without notice or consideration to or consent from any party: (a) allow substitution or withdrawal of any collateral or other security for the Obligations; (b) sellexcept as expressly set forth in the Credit Documents, exchangethe Administrative Agent and the Lenders shall have no obligation to protect, releaseperfect, subordinate its lien on, surrender, realize upon or otherwise deal with in any manner and in any order any property at any time pledged or mortgaged to secure or securing insure any Collateral, the Pledged Collateral or any collateral, security, Property, Liens, interests or encumbrances now or hereafter held for the Guarantee or the Guarantee Obligations or any liabilities incurred directly or indirectly hereunder or any offset against any of said liabilitiesthe Properties subject thereto; (c) release any party liable on the time, place, manner or terms of payment of the Guarantee Obligations including Borrower may be changed or any guarantorextended, in whole or in part, to a time certain or otherwise, and may be renewed or accelerated, in whole or in part; (d) extendthe Borrowers, renew or rearrange all or the Pledgors, the other Credit Parties and other Persons may be granted indulgences generally; (e) any part of the provisions of the Credit Agreement and the other Credit Documents and the Guarantee Obligations at any time and may be modified, amended, waived, supplemented, replaced or restated from time to time, whether or not for a term or terms in excess of the original term thereof; (e) modify or amend any of the instruments, agreements, or documents executed in connection with the Obligations; or (f) exercise any party liable for the payment of the Guarantee Obligations, including, without limitation, other guarantors, may be granted indulgences or refrain from exercising released; and (g) any rights against Borrower deposit balance for the credit of the Borrowers or othersany other Person liable for the payment of the Guarantee Obligations, including, without limitation, other guarantors, or otherwise act or refrain from acting. Any of such actions liable upon any security therefor, may be taken without impairing released, in whole or diminishing in part, at, before and/or after the obligations stated, extended or accelerated maturity of Guarantor hereunder. The liability of Guarantor shall not be impaired or reduced by any failure, refusal, or neglect to collect the Guarantee Obligations, all of the foregoing in clauses (a) through (g) without notice to or by loss or subordination of any other collateral or guaranty, or further assent by the existence of Guarantor, who shall remain bound thereon, notwithstanding any indebtedness of Borrower to Lender such exchange, compromise, surrender, extension, renewal, acceleration, modification, indulgence, release or other than the Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty for the Obligations in addition to the security or guaranties presently existingact.

Release of Collateral, Parties Liable, etc. Guarantor agrees that Lender that, except as otherwise provided in the Repurchase Agreement, (a) any or all of the Purchased Loans and other collateral, security and property now or hereafter held for the Guaranty or the Guarantor Liabilities may at any timebe released, and waived, exchanged, terminated, modified, sold, assigned, hypothecated, participated, pledged, compromised, surrendered or otherwise transferred or disposed of from time to time, at Xxxxxx's discretion and with or without notice or consideration to or consent from any party: (a) allow substitution or withdrawal of any collateral or other security for the Obligations; (b) sellexcept as expressly set forth in the Transaction Documents, exchangeBuyer shall have no obligation to protect, perfect, secure, enforce, release, subordinate its lien on, surrender, realize upon exchange or otherwise deal with in insure any manner and in any order any property at any time pledged or mortgaged to secure or securing the Obligations Purchased Loans or any liabilities incurred directly collateral, security, property, Liens, interests or indirectly hereunder encumbrances now or any offset against any of said liabilities; hereafter held for the Guaranty or the Guarantor Liabilities or the properties subject thereto, (c) release any party liable on the Obligations including Borrower time, place, manner or any guarantor; terms of payment of the Guarantor Liabilities may be changed or extended, in whole or in part, to a time certain or otherwise, and may be renewed, increased, altered or accelerated, in whole or in part, (d) extendBuyer may take any action in the exercise of any right, renew power, remedy or rearrange all privilege under the Transaction Documents or Requirement of Law or waive or refrain from exercising any part of the Obligations at foregoing, (e) any time of the provisions of the Repurchase Agreement and the other Transaction Documents and the Guarantor Liabilities may be modified, amended, waived, supplemented, replaced or restated from time to time, whether or not for a term or terms in excess of the original term thereof; (e) modify or amend any of the instruments, agreements, or documents executed in connection with the Obligations; or (f) exercise any party liable for the payment of the Repurchase Obligations or refrain from exercising the Guarantor Liabilities, including, without limitation, other guarantors, may be granted indulgences, released or substituted, (g) any rights against Borrower deposit balance for the credit of Seller or othersany other party liable for the payment of the Guarantor Liabilities, including, without limitation, other guarantors, or otherwise act or refrain from acting. Any of such actions liable upon any security therefor, may be taken without impairing released, in whole or diminishing in part, at, before and/or after the obligations stated, extended or accelerated maturity of the Guarantor hereunder. The liability of Guarantor shall not be impaired Liabilities and (h) Buyer may apply any sums by whomever paid or reduced however realized to any amounts owing by any failureGuarantor, refusal, Seller or neglect to collect the Obligations, or by loss or subordination of any other collateral or guaranty, or by the existence of any indebtedness of Borrower to Lender other than the Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty Person for the Repurchase Obligations or the Guarantor Liabilities in addition such manner as Buyer may determine in its discretion, subject to the security terms of the Transaction Documents, all of the foregoing in clauses (a) through (h) without notice to or guaranties presently existingfurther assent by Guarantor, who shall remain bound thereon, notwithstanding any such exchange, compromise, surrender, extension, renewal, acceleration, modification, indulgence, release or other act.

Release of Collateral, Parties Liable, etc. Each Guarantor agrees that Lender (a) any or all of the Collateral, the Pledged Collateral and other collateral, security and Property now or hereafter held for the Guarantee or the Guarantee Obligations may at any timebe exchanged, and released, terminated, modified, sold, assigned, participated, pledged, compromised, surrendered or otherwise transferred or disposed of from time to time, at Xxxxxx's discretion and with or without notice or consideration to or consent from any party: (a) allow substitution or withdrawal of any collateral or other security for the Obligations; (b) sellexcept as expressly set forth in the Credit Documents, exchangethe Administrative Agent and the Lenders shall have no obligation to protect, releaseperfect, subordinate its lien on, surrender, realize upon or otherwise deal with in any manner and in any order any property at any time pledged or mortgaged to secure or securing insure any Collateral, the Pledged Collateral or any collateral, security, Property, Liens, interests or encumbrances now or hereafter held for the Guarantee or the Guarantee Obligations or any liabilities incurred directly or indirectly hereunder or any offset against any of said liabilitiesthe Properties subject thereto; (c) release any party liable on the time, place, manner or terms of payment of the Guarantee Obligations including Borrower may be changed or any guarantorextended, in whole or in part, to a time certain or otherwise, and may be renewed or accelerated, in whole or in part; (d) extendthe Borrowers, renew or rearrange all or the Pledgors, the other Credit Parties and other Persons may be granted indulgences generally; (e) any part of the provisions of the Credit Agreement and the other Credit Documents and the Guarantee Obligations at any time and may be modified, amended, waived, supplemented, replaced or restated from time to time, whether or not for a term or terms in excess of the original term thereof; (e) modify or amend any of the instruments, agreements, or documents executed in connection with the Obligations; or (f) exercise any party liable for the payment of the Guarantee Obligations, including, without limitation, other guarantors, may be granted indulgences or refrain from exercising released; and (g) any rights against Borrower deposit balance for the credit of the Borrowers or othersany other Person liable for the payment of the Guarantee Obligations, including, without limitation, other guarantors, or otherwise act or refrain from acting. Any of such actions liable upon any security therefor, may be taken without impairing released, in whole or diminishing in part, at, before and/or after the obligations stated, extended or accelerated maturity of Guarantor hereunder. The liability of Guarantor shall not be impaired or reduced by any failure, refusal, or neglect to collect the Guarantee Obligations, all of the foregoing in clauses (a) through (g) without notice to or further assent by loss such Guarantor, who shall remain bound thereon, notwithstanding any such exchange, compromise, surrender, extension, renewal, acceleration, modification, indulgence, release or subordination of any other collateral or guaranty, or by the existence of any indebtedness of Borrower to Lender other than the Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty for the Obligations in addition to the security or guaranties presently existingact.

Release of Collateral, Parties Liable, etc. Guarantor agrees that Lender that, except as otherwise provided in the Repurchase Agreement, (a) any or all of the Purchased Assets, the Pledged Collateral and other collateral, security and property now or hereafter held for the Guaranty or the Guarantor Liabilities may at any timebe released, and waived, exchanged, terminated, modified, sold, assigned, hypothecated, participated, pledged, compromised, surrendered or otherwise transferred or disposed of from time to time, at Xxxxxx's discretion and with or without notice or consideration to or consent from any party: (a) allow substitution or withdrawal of any collateral or other security for the Obligations; (b) sellexcept as expressly set forth in the Repurchase Documents, exchangeBuyer shall have no obligation to protect, perfect, secure, enforce, release, subordinate its lien onexchange or insure any Purchased Asset, surrender, realize upon or otherwise deal with in any manner and in any order any property at any time pledged or mortgaged to secure or securing the Obligations Pledged Collateral or any liabilities incurred directly collateral, security, property, Liens, interests or indirectly hereunder encumbrances now or any offset against any of said liabilities; hereafter held for the Guaranty or the Guarantor Liabilities or the properties subject thereto, (c) release any party liable on the Obligations including Borrower time, place, manner or any guarantor; terms of payment of the Guarantor Liabilities may be changed or extended, in whole or in part, to a time certain or otherwise, and may be renewed, increased, altered or accelerated, in whole or in part, (d) extendBuyer may take any action in the exercise of any right, renew power, remedy or rearrange all privilege under the Repurchase Documents or Requirements of Law or waive or refrain from exercising any part of the Obligations at foregoing, (e) any time of the provisions of the Repurchase Agreement and the other Repurchase Documents and the Guarantor Liabilities may be modified, amended, waived, supplemented, replaced or restated from time to time, whether or not for a term or terms in excess of the original term thereof; (e) modify or amend any of the instruments, agreements, or documents executed in connection with the Obligations; or (f) exercise any party liable for the payment of the Repurchase Obligations or refrain from exercising the Guarantor Liabilities, including, without limitation, other guarantors, may be granted indulgences, released or substituted, (g) any rights against Borrower deposit balance for the credit of Seller or othersany other party liable for the payment of the Guarantor Liabilities, including, without limitation, other guarantors, or otherwise act or refrain from acting. Any of such actions liable upon any security therefor, may be taken without impairing released, in whole or diminishing in part, at, before and/or after the obligations stated, extended or accelerated maturity of the Guarantor hereunder. The liability of Guarantor shall not be impaired Liabilities and (h) Buyer may apply any sums by whomever paid or reduced however realized to any amounts owing by any failureGuarantor, refusalSeller, Pledgor or neglect to collect the Obligations, or by loss or subordination of any other collateral or guaranty, or by the existence of any indebtedness of Borrower to Lender other than the Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty Person for the Repurchase Obligations or the Guarantor Liabilities in addition such manner as Buyer may determine in its discretion, subject to the security terms of the Repurchase Documents, all of the foregoing in clauses (a) through (h) without notice to or guaranties presently existingfurther assent by Guarantor, who shall remain bound thereon, notwithstanding any such exchange, compromise, surrender, extension, renewal, acceleration, modification, indulgence, release or other act.

Release of Collateral, Parties Liable, etc. The Limited Guarantor agrees that Lender (a) any or all of the Purchased Items, the Pledged Collateral and other collateral, security and Property now or hereafter held for the Guaranty or the Guarantee Liabilities may at any timebe exchanged, and released, terminated, modified, sold, assigned, participated, pledged, compromised, surrendered or otherwise transferred or disposed of from time to time, at Xxxxxx's discretion and with or without notice or consideration to or consent from any party: (a) allow substitution or withdrawal of any collateral or other security for the Obligations; (b) sellexcept as expressly set forth in the Repurchase Documents, exchangethe Deal Agent, releasethe Purchaser and the other Secured Parties shall have no obligation to protect, subordinate its lien onperfect, surrender, realize upon or otherwise deal with in any manner and in any order any property at any time pledged or mortgaged to secure or securing insure any Purchased Item, the Obligations Pledged Collateral or any liabilities incurred directly collateral, security, Property, Liens, interests or indirectly hereunder encumbrances now or any offset against any of said liabilitieshereafter held for the Guaranty or the Guarantee Liabilities or the Properties subject thereto; (c) release any party liable on the Obligations including Borrower time, place, manner or any guarantorterms of payment of the Guarantee Liabilities may be changed or extended, in whole or in part, to a time certain or otherwise, and may be renewed or accelerated, in whole or in part; (d) extendthe Seller, renew or rearrange all or the Pledgor, the Parent, the other Repurchase Parties and other Persons may be granted indulgences generally; (e) any part of the Obligations at any time provisions of the Repurchase Agreement and the other Repurchase Documents and the Guarantee Liabilities may be modified, amended, waived, supplemented, replaced or restated from time to time, whether or not for a term or terms in excess of the original term thereof; (e) modify or amend any of the instruments, agreements, or documents executed in connection with the Obligations; or (f) exercise any party liable for the payment of the Guarantee Liabilities, including, without limitation, other guarantors, may be granted indulgences or refrain from exercising released; and (g) any rights against Borrower deposit balance for the credit of the Seller or othersany other party liable for the payment of the Guarantee Liabilities, including, without limitation, other guarantors, or otherwise act or refrain from acting. Any of such actions liable upon any security therefor, may be taken released, in whole or in part, at, before and/or after the stated, extended or accelerated maturity of the Guarantee Liabilities, all of the foregoing in clauses (a) through (g) without impairing notice to or diminishing the obligations of Guarantor hereunder. The liability of Guarantor shall not be impaired or reduced by any failure, refusal, or neglect to collect the Obligations, or by loss or subordination of any other collateral or guaranty, or further assent by the existence of Limited Guarantor, who shall remain bound thereon, notwithstanding any indebtedness of Borrower to Lender such exchange, compromise, surrender, extension, renewal, acceleration, modification, indulgence, release or other than the Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty for the Obligations in addition to the security or guaranties presently existingact.

Release of Collateral, Parties Liable, etc. Guarantor agrees that Lender that, except as otherwise provided in the Repurchase Agreement, (a) any or all of the Purchased Assets, the Pledged Collateral and other collateral, security and property now or hereafter held for the Guaranty or the Guarantor Liabilities may at any timebe released, and waived, exchanged, terminated, modified, sold, assigned, hypothecated, participated, pledged, compromised, surrendered or otherwise transferred or disposed of from time to time, at Xxxxxx's discretion and with or without notice or consideration to or consent from any party: (a) allow substitution or withdrawal of any collateral or other security for the Obligations; (b) sellexcept as expressly set forth in the Repurchase Documents, exchangeBuyer shall have no obligation to protect, perfect, secure, enforce, release, subordinate its lien onexchange or insure any Purchased Asset, surrender, realize upon or otherwise deal with in any manner and in any order any property at any time pledged or mortgaged to secure or securing the Obligations Pledged Collateral or any liabilities incurred directly collateral, security, property, Liens, interests or indirectly hereunder encumbrances now or any offset against any of said liabilities; hereafter held for the Guaranty or the Guarantor Liabilities or the properties subject thereto, (c) release any party liable on the Obligations including Borrower time, place, manner or any guarantor; terms of payment of the Guarantor Liabilities may be changed or extended, in whole or in part, to a time certain or otherwise, and may be renewed, increased, altered or accelerated, in whole or in part, (d) extendBuyer may take any action in the exercise of any right, renew power, remedy or rearrange all privilege under the Repurchase Documents or Requirements of Law or waive or refrain from exercising any part of the Obligations at foregoing, (e) any time of the provisions of the Repurchase Agreement and the other Repurchase Documents and the Guarantor Liabilities may be modified, amended, waived, supplemented, replaced or restated from time to time, whether or not for a term or terms in excess of the original term thereof; (e) modify or amend any of the instruments, agreements, or documents executed in connection with the Obligations; or (f) exercise any party liable for the payment of the Repurchase Obligations or refrain from exercising the Guarantor Liabilities, including, without limitation, other guarantors, may be granted indulgences, released or substituted, (g) any rights against Borrower deposit balance for the credit of Seller or othersany other party liable for the payment of the Guarantor Liabilities, including, without limitation, other guarantors, or otherwise act or refrain from acting. Any of such actions liable upon any security therefor, may be taken without impairing released, in whole or diminishing in part, at, before and/or after the obligations stated, extended or accelerated maturity of the Guarantor hereunder. The liability of Guarantor shall not be impaired Liabilities and (h) Buyer may apply any sums by whomever paid or reduced however realized to any amounts owing by any failureGuarantor, refusalSeller, Pledgor or neglect to collect the Obligations, or by loss or subordination of any other collateral or guaranty, or by the existence of any indebtedness of Borrower to Lender other than the Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty Person for the Repurchase Obligations or the Guarantor Liabilities in addition such manner as Buyer may determine in its discretion, subject to the security terms of the Repurchase Documents, all of the foregoing in clauses (a) through (h) without notice to or guaranties presently existingfurther assent by Guarantor, who shall remain bound thereon, notwithstanding any such exchange, compromise, surrender, extension, renewal, acceleration, modification, indulgence, release or other act.

Release of Collateral, Parties Liable, etc. Guarantor agrees that Lender that, except as otherwise provided in the Repurchase Agreement, (a) any or all of the Purchased Loans and other collateral, security and property now or hereafter held for the Guaranty or the Guarantor Liabilities may at any timebe released, and waived, exchanged, terminated, modified, sold, assigned, hypothecated, participated, pledged, compromised, surrendered or otherwise transferred or disposed of from time to time, at Xxxxxx's discretion and with or without notice or consideration to or consent from any party: (a) allow substitution or withdrawal of any collateral or other security for the Obligations; (b) sellexcept as expressly set forth in the Transaction Documents, exchangeBuyer shall have no obligation to protect, perfect, secure, enforce, release, subordinate its lien on, surrender, realize upon exchange or otherwise deal with in insure any manner and in any order any property at any time pledged or mortgaged to secure or securing the Obligations Purchased Loans or any liabilities incurred directly collateral, security, property, Liens, interests or indirectly hereunder encumbrances now or any offset against any of said liabilities; hereafter held for the Guaranty or the Guarantor Liabilities or the properties subject thereto, (c) release any party liable on the Obligations including Borrower time, place, manner or any guarantor; terms of payment of the Guarantor Liabilities may be changed or extended, in whole or in part, to a time certain or otherwise, and may be renewed, increased, altered or accelerated, in whole or in part, (d) extendBuyer may take any action in the exercise of any right, renew power, remedy or rearrange all privilege under the Transaction Documents or Requirement of Law or waive or refrain from exercising any part of the Obligations at foregoing, (e) any time of the provisions of the Repurchase Agreement and the other Transaction Documents and the Guarantor Liabilities may 9 Limited Guaranty (Citibank and Northstar) be modified, amended, waived, supplemented, replaced or restated from time to time, whether or not for a term or terms in excess of the original term thereof; (e) modify or amend any of the instruments, agreements, or documents executed in connection with the Obligations; or (f) exercise any party liable for the payment of the Repurchase Obligations or refrain from exercising the Guarantor Liabilities, including, without limitation, other guarantors, may be granted indulgences, released or substituted, (g) any rights against Borrower deposit balance for the credit of Seller or othersany other party liable for the payment of the Guarantor Liabilities, including, without limitation, other guarantors, or otherwise act or refrain from acting. Any of such actions liable upon any security therefor, may be taken without impairing released, in whole or diminishing in part, at, before and/or after the obligations stated, extended or accelerated maturity of the Guarantor hereunder. The liability of Guarantor shall not be impaired Liabilities and (h) Buyer may apply any sums by whomever paid or reduced however realized to any amounts owing by any failureGuarantor, refusal, Seller or neglect to collect the Obligations, or by loss or subordination of any other collateral or guaranty, or by the existence of any indebtedness of Borrower to Lender other than the Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty Person for the Repurchase Obligations or the Guarantor Liabilities in addition such manner as Buyer may determine in its discretion, subject to the security terms of the Transaction Documents, all of the foregoing in clauses (a) through (h) without notice to or guaranties presently existingfurther assent by Guarantor, who shall remain bound thereon, notwithstanding any such exchange, compromise, surrender, extension, renewal, acceleration, modification, indulgence, release or other act.

Release of Collateral, Parties Liable, etc. Guarantor agrees that Lender that, except as otherwise provided in the Repurchase Agreement, (a) any or all of the Purchased Loans and other collateral, security and property now or hereafter held for the Guaranty or the Guarantor Liabilities may at any timebe released, and waived, exchanged, terminated, modified, sold, assigned, hypothecated, participated, pledged, compromised, surrendered or otherwise transferred or disposed of from time to time, at Xxxxxx's discretion and with or without notice or consideration to or consent from any party: (a) allow substitution or withdrawal of any collateral or other security for the Obligations; (b) sellexcept as expressly set forth in the Transaction Documents, exchangeBuyer shall have no obligation to protect, perfect, secure, enforce, release, subordinate its lien on, surrender, realize upon exchange or otherwise deal with in insure any manner and in any order any property at any time pledged or mortgaged to secure or securing the Obligations Purchased Loans or any liabilities incurred directly collateral, security, property, Liens, interests or indirectly hereunder encumbrances now or any offset against any of said liabilities; hereafter held for the Guaranty or the Guarantor Liabilities or the properties subject thereto, (c) release any party liable on the Obligations including Borrower time, place, manner or any guarantor; terms of payment of the Guarantor Liabilities may be changed or extended, in whole or in part, to a time certain or otherwise, and may be renewed, increased, altered or accelerated, in whole or in part, (d) extendBuyer may take any action in the exercise of any right, renew power, remedy or rearrange all privilege under the Transaction Documents or Requirement of Law or waive or refrain from exercising any part of the Obligations at A&R Limited Guaranty (Citibank and Northstar) foregoing, (e) any time of the provisions of the Repurchase Agreement and the other Transaction Documents and the Guarantor Liabilities may be modified, amended, waived, supplemented, replaced or restated from time to time, whether or not for a term or terms in excess of the original term thereof; (e) modify or amend any of the instruments, agreements, or documents executed in connection with the Obligations; or (f) exercise any party liable for the payment of the Repurchase Obligations or refrain from exercising the Guarantor Liabilities, including, without limitation, other guarantors, may be granted indulgences, released or substituted, (g) any rights against Borrower deposit balance for the credit of Seller or othersany other party liable for the payment of the Guarantor Liabilities, including, without limitation, other guarantors, or otherwise act or refrain from acting. Any of such actions liable upon any security therefor, may be taken without impairing released, in whole or diminishing in part, at, before and/or after the obligations stated, extended or accelerated maturity of the Guarantor hereunder. The liability of Guarantor shall not be impaired Liabilities and (h) Buyer may apply any sums by whomever paid or reduced however realized to any amounts owing by any failureGuarantor, refusal, Seller or neglect to collect the Obligations, or by loss or subordination of any other collateral or guaranty, or by the existence of any indebtedness of Borrower to Lender other than the Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty Person for the Repurchase Obligations or the Guarantor Liabilities in addition such manner as Buyer may determine in its discretion, subject to the security terms of the Transaction Documents, all of the foregoing in clauses (a) through (h) without notice to or guaranties presently existingfurther assent by Guarantor, who shall remain bound thereon, notwithstanding any such exchange, compromise, surrender, extension, renewal, acceleration, modification, indulgence, release or other act.

Release of Collateral, Parties Liable, etc. Guarantor agrees that Lender the whole or any part of any security now or hereafter held for the Obligations may at any time, and be compromised or surrendered from time to timetime at the discretion of Lender; that Lender shall have no obligation to protect, at Xxxxxx's discretion and with perfect, secure or without notice insure any such security interests, liens or consideration to encumbrances now or consent from any party: (a) allow substitution or withdrawal of any collateral or other security hereafter held for the Obligations; (b) sell, exchange, release, subordinate its lien on, surrender, realize upon that the time or otherwise deal with in any manner and in any order any property at any time pledged or mortgaged to secure or securing the Obligations or any liabilities incurred directly or indirectly hereunder or any offset against any place of said liabilities; (c) release any party liable on the Obligations including Borrower or any guarantor; (d) extend, renew or rearrange all or any part payment of the Obligations at any may be changed or extended, in whole or in part, to a time certain or otherwise, and from time to timemay be renewed or accelerated, whether in whole or not for a term or terms in excess of the original term thereofpart; (e) modify or amend that Borrower may be granted indulgences generally; that any of the instrumentsprovisions of the Loan Agreement, agreementsthe Note, or any other documents executed in connection with the ObligationsLoan or evidencing any other Obligation of Borrower, to Lender, may be modified, amended or waived; that any party (including any co-guarantor) liable for the payment of the Obligations may be granted indulgences or (f) exercise or refrain from exercising released at the sole discretion of Lender; and that any rights against deposit balance for the credit of Borrower or others, any other party liable for the payment of the Obligations or otherwise act or refrain from acting. Any of such actions liable upon any security therefor may be taken without impairing released, in whole or diminishing in part, at, before and/or after the obligations stated, extended or accelerated maturity of Guarantor hereunder. The liability any of Guarantor shall not be impaired or reduced by any failure, refusal, or neglect to collect the Obligations, all without notice to or further assent by loss Guarantor, who shall remain bound thereon, notwithstanding any such exchange, compromise, surrender, extension, renewal, acceleration, modification, indulgence or subordination release. For purposes of this Guaranty, “co-guarantor” shall include any other party, which pledges or has pledged collateral or guaranty, or by the existence of any indebtedness of Borrower to Lender other than the Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty for the Obligations in addition to the security or guaranties presently existingLoan.

Release of Collateral, Parties Liable, etc. Guarantor Each of the Guarantors agrees that Lender (a) any or all of the Purchased Items, the Pledged Collateral and other collateral, security and Property now or hereafter held for the Guarantee Liabilities may at any timebe exchanged, and released, terminated, modified, sold, assigned, participated, pledged, compromised, surrendered or otherwise transferred or disposed of from time to time, at Xxxxxx's discretion and with or without notice or consideration to or consent from any party: (a) allow substitution or withdrawal of any collateral or other security for the Obligations; (b) sellexcept as expressly set forth in the Repurchase Documents, exchangethe Purchaser shall have no obligation to protect, releaseperfect, subordinate its lien on, surrender, realize upon or otherwise deal with in any manner and in any order any property at any time pledged or mortgaged to secure or securing insure any Purchased Item, the Obligations Pledged Collateral or any liabilities incurred directly collateral, security, Property, Liens, interests or indirectly hereunder encumbrances now or any offset against any of said liabilitieshereafter held for the Guarantee Liabilities or the Properties subject thereto; (c) release any party liable on the Obligations including Borrower time, place, manner or any guarantorterms of payment of the Guarantee Liabilities may be changed or extended, in whole or in part, to a time certain or otherwise, and may be renewed or accelerated, in whole or in part; (d) extendthe Seller, renew or rearrange all or the Pledgor and other Persons may be granted indulgences generally; (e) any part of the Obligations at any time provisions of the Repurchase Agreement and the other Repurchase Documents and the Guarantee Liabilities may be modified, amended, waived, supplemented, replaced or restated from time to time, whether or not ; (f) any party liable for a term or terms in excess the payment of the original term thereofGuarantee Liabilities, including, without limitation, other guarantors, may be granted indulgences or released; and (eg) modify any deposit balance for the credit of the Seller or amend any other party liable for the payment of the Guarantee Liabilities, including, without limitation, other guarantors, or liable upon any security therefor, may be released, in whole or in part, at, before and/or after the stated, extended or accelerated maturity of the Guarantee Liabilities, all of the foregoing in clauses (a) through (g) without notice to or further assent by any of the instrumentsGuarantors, agreementswho shall remain bound thereon, notwithstanding any such exchange, compromise, surrender, extension, renewal, acceleration, modification, indulgence, release or documents executed in connection with the Obligations; or (f) exercise or refrain from exercising any rights against Borrower or others, or otherwise act or refrain from acting. Any of such actions may be taken without impairing or diminishing the obligations of Guarantor hereunder. The liability of Guarantor shall not be impaired or reduced by any failure, refusal, or neglect to collect the Obligations, or by loss or subordination of any other collateral or guaranty, or by the existence of any indebtedness of Borrower to Lender other than the Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty for the Obligations in addition to the security or guaranties presently existingact.

Release of Collateral, Parties Liable, etc. Guarantor agrees that Lender Obligee may at any time, and from time to time, at XxxxxxObligee's discretion and with or without notice or consideration to or consent from any party: (a) allow substitution Page 1 Initials of Guarantor:/s/CDM Continuing and Unconditional Guaranty Agreement TBS Texas, Inc., Guarantor Initials of Obligee:/s/CDM or withdrawal of any collateral or other security for the Guaranteed Obligations; (b) release, sell, exchange, release, subordinate its lien on, surrender, or otherwise realize upon any collateral or otherwise deal with in any manner and in any order any property at any time pledged or mortgaged to secure or securing other security for the Obligations or any liabilities incurred directly or indirectly hereunder or any offset against any of said liabilitiesGuaranteed Obligations; (c) release any party liable on the Obligations Guaranteed Obligations, including Borrower Obligor or any other guarantor; (d) extend, renew renew, or rearrange all or any part of the Guaranteed Obligations at any time and from time to time, whether or not for a term or terms in excess of the original term thereof; and (e) modify or amend any of the instruments, agreements, or and documents executed in connection with the Guaranteed Obligations; or (f) exercise or refrain from exercising any rights against Borrower or others, or otherwise act or refrain from acting. Any of such actions may be taken without impairing or diminishing the obligations of Guarantor hereunder. The liability of Guarantor shall not be impaired or reduced by any Obligee's failure, refusal, or neglect to collect the Guaranteed Obligations, or by loss or subordination of any other collateral or guaranty, or by the existence of any indebtedness of Borrower Obligor to Lender Obligee other than the Guaranteed Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty for the Guaranteed Obligations in addition to the security or guaranties presently existing.

Release of Collateral, Parties Liable, etc. Guarantor agrees that Lender (a) any or all of the Purchased Assets, the Pledged Collateral and other collateral, security and property now or hereafter held for the Guaranty or the Guarantor Liabilities may at be released, waived, exchanged, terminated, modified, sold, assigned, hypothecated, participated, pledged, compromised, surrendered or otherwise transferred or disposed of from time to time in accordance with the terms and conditions of the Repurchase Documents and/or Requirements of Law, (b) except as expressly set forth in the Repurchase Documents, Buyer shall have no obligation to protect, perfect, secure, enforce, release, exchange or insure any Purchased Asset, the Pledged Collateral or any collateral, security, property, Liens, interests or encumbrances now or hereafter held for the Guaranty or the Guarantor Liabilities or the properties subject thereto, (c) the time, place, manner or terms of payment of the Guarantor Liabilities may be changed or extended, in whole or in part, to a time certain or otherwise, and may be renewed, increased, altered or accelerated, in whole or in part, (d) Buyer may take any action in the exercise of any right, power, remedy or privilege under the Repurchase Documents or Requirements of Law or waive or refrain from exercising any of the foregoing, (e) any of the provisions of the Repurchase Agreement and the other Repurchase Documents and the Guarantor Liabilities may be modified, amended, waived, supplemented, replaced or restated from time to time, at Xxxxxx's discretion (f) any party liable for the payment of the Repurchase Obligations or the Guarantor Liabilities, including, without limitation, other guarantors, may be granted indulgences, released or substituted, (g) any deposit balance for the credit of Seller or any other party liable for the payment of the Guarantor Liabilities, including, without limitation, other guarantors, or liable upon any security therefor, may be released, in whole or in part, at, before and/or after the stated, extended or accelerated maturity of the Guarantor Liabilities and with (h) Buyer may apply any sums by whomever paid or without notice however realized to any amounts owing by Guarantor, Seller, Pledgor or consideration any other Person for the Repurchase Obligations or the Guarantor Liabilities in such manner as Buyer may determine in its discretion, subject to or consent from any party: the terms of the Repurchase Documents, all of the foregoing in clauses (a) allow substitution through (h) without notice to or withdrawal further assent by Guarantor, who shall remain bound with respect to payment of the Guarantor Liabilities subject to and in accordance with the provisions of this Guaranty, notwithstanding any collateral or other security for the Obligations; (b) sell, such exchange, release, subordinate its lien oncompromise, surrender, realize upon extension, renewal, acceleration, modification, indulgence, release or otherwise deal with in any manner and in any order any property at any time pledged or mortgaged to secure or securing the Obligations or any liabilities incurred directly or indirectly hereunder or any offset against any of said liabilities; (c) release any party liable on the Obligations including Borrower or any guarantor; (d) extend, renew or rearrange all or any part of the Obligations at any time and from time to time, whether or not for a term or terms in excess of the original term thereof; (e) modify or amend any of the instruments, agreements, or documents executed in connection with the Obligations; or (f) exercise or refrain from exercising any rights against Borrower or others, or otherwise act or refrain from acting. Any of such actions may be taken without impairing or diminishing the obligations of Guarantor hereunder. The liability of Guarantor shall not be impaired or reduced by any failure, refusal, or neglect to collect the Obligations, or by loss or subordination of any other collateral or guaranty, or by the existence of any indebtedness of Borrower to Lender other than the Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty for the Obligations in addition to the security or guaranties presently existingact.

Release of Collateral, Parties Liable, etc. Guarantor agrees that Lender Obligee may at any time, and from time to time, at XxxxxxObligee's discretion and with or without notice or consideration to or consent from any party: (a) allow substitution or withdrawal of any collateral or other security for the Guaranteed Obligations; (b) release, sell, exchange, release, subordinate its lien on, surrender, or otherwise realize upon any collateral or otherwise deal with in any manner and in any order any property at any time pledged or mortgaged to secure or securing other security for the Obligations or any liabilities incurred directly or indirectly hereunder or any offset against any of said liabilitiesGuaranteed Obligations; (c) release any party liable on the Obligations Guaranteed Obligations, including Borrower Obligor or any other guarantor; (d) extend, renew renew, or rearrange all or any part of the Guaranteed Obligations at any time and from time to time, whether or not for a term or terms in excess of the original term thereof; and (e) modify or amend any of the instruments, agreements, or and documents executed in connection with the Guaranteed Obligations; or (f) exercise or refrain from exercising any rights against Borrower or others, or otherwise act or refrain from acting. Any of such actions may be taken without impairing or diminishing the obligations of Guarantor hereunder. The liability of Guarantor shall not be impaired or reduced by any Obligee's failure, refusal, or neglect to collect the Guaranteed Obligations, or by loss or subordination of any other collateral or guaranty, or by the existence of any indebtedness of Borrower Obligor to Lender Obligee other than the Guaranteed Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty for the Guaranteed Obligations in addition to the security or guaranties presently existing.

Release of Collateral, Parties Liable, etc. Guarantor agrees that Lender that, except as otherwise provided in the Repurchase Agreement, (a) any or all of the Purchased Assets, the Pledged Collateral and other collateral, security and property now or hereafter held for the Guaranty or the Guarantor Liabilities may at any timebe released, and waived, exchanged, terminated, modified, sold, assigned, hypothecated, participated, pledged, compromised, surrendered or otherwise transferred or disposed of from time to time, at Xxxxxx's discretion and with or without notice or consideration to or consent from any party: (a) allow substitution or withdrawal of any collateral or other security for the Obligations; (b) sellexcept as expressly set forth in the Repurchase Documents, exchangeBuyer shall have no obligation to protect, perfect, secure, enforce, release, subordinate its lien onexchange or insure any Purchased Asset, surrender, realize upon or otherwise deal with in any manner and in any order any property at any time pledged or mortgaged to secure or securing the Obligations Pledged Collateral or any liabilities incurred directly collateral, security, property, Liens, interests or indirectly hereunder encumbrances now or any offset against any of said liabilities; hereafter held for the Guaranty or the Guarantor Liabilities or the properties subject thereto, (c) release any party liable on the Obligations including Borrower time, place, manner or any guarantor; terms of payment of the Guarantor Liabilities may be changed or extended, in whole or in part, to a time certain or otherwise, and may be renewed, increased, altered or accelerated, in whole or in part, (d) extendBuyer may take any action in the exercise of any right, renew power, remedy or rearrange all privilege under the Repurchase Documents or Requirements of Law or waive or refrain from exercising any part of the Obligations at foregoing, (e) any time of the provisions of the RepurchaseAgreement and the other Repurchase Documents and the Guarantor Liabilities may be modified, amended, waived, supplemented, replaced or restated from time to time, whether or not for a term or terms in excess of the original term thereof; (e) modify or amend any of the instruments, agreements, or documents executed in connection with the Obligations; or (f) exercise any party liable for the payment of the Repurchase Obligations or refrain from exercising the Guarantor Liabilities, including, without limitation, other guarantors, may be granted indulgences, released or substituted, (g) any rights against Borrower deposit balance for the credit of Seller or othersany other party liable for the payment of the Guarantor Liabilities, including, without limitation, other guarantors, or otherwise act or refrain from acting. Any of such actions liable upon any security therefor, may be taken without impairing released, in whole or diminishing in part, at, before and/or after the obligations stated, extended or accelerated maturity of the Guarantor hereunder. The liability of Guarantor shall not be impaired Liabilities and (h) Buyer may apply any sums by whomever paid or reduced however realized to any amounts owing by any failureGuarantor, refusalSeller, Pledgor or neglect to collect the Obligations, or by loss or subordination of any other collateral or guaranty, or by the existence of any indebtedness of Borrower to Lender other than the Obligations. In addition, the liability of Guarantor shall not be impaired or reduced by the taking of any other security or guaranty Person for the Repurchase Obligations or the Guarantor Liabilities in addition such manner as Buyer may determine in its discretion, subject to the security terms of the Repurchase Documents, all of the foregoing in clauses (a) through (h) without notice to or guaranties presently existingfurther assent by Guarantor, who shall remain bound thereon, notwithstanding any such exchange, compromise, surrender, extension, renewal, acceleration, modification, indulgence, release or other act.