Common use of Releases and Waivers Clause in Contracts

Releases and Waivers. If all or any part of the Guaranteed Indebtedness at any time is secured, Guarantors agree that Lender may at any time and from time to time, at its discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantors hereunder. Guarantors further agree that if Borrower executes in favor of Lender any collateral agreement, deed of trust or other security instrument, including, without limitation, the Mortgages, the exercise by Lender of any right or remedy thereby conferred on Lender shall be wholly discretionary with Lender, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Loan Documents, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantors hereunder. Guarantors further agree that Lender shall not be liable for its failure to use diligence in the collection of any of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and Guarantors hereby waive presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.

Appears in 2 contracts

Samples: Guaranty Agreement (Prime Retail Inc/Bd/), Guaranty Agreement (Horizon Group Properties Inc)

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Releases and Waivers. (a) If all or any part of the Guaranteed Indebtedness at any time is securedsecured by Bxxxxxxx’s property, Guarantors agree Guarantor agrees that Lender Lxxxxx may at any time and from time to time, at its discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantors Guarantor hereunder. Guarantors Guarantor further agree agrees that if Borrower Bxxxxxxx executes in favor of Lender Lxxxxx any collateral agreement, deed of trust mortgage or other security instrument, including, without limitation, the Mortgages, the exercise by Lender of any right or remedy thereby conferred on Lender shall be wholly discretionary with LenderLxxxxx, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Loan Related Documents, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantors Guarantor hereunder. Guarantors Guarantor further agree agrees that Lender shall not be liable for its failure to use diligence in the collection of any of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and Guarantors Guarantor hereby waive waives presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.

Appears in 2 contracts

Samples: Guaranty Agreement (Sky Harbour Group Corp), Guaranty Agreement (Sky Harbour Group Corp)

Releases and Waivers. If all or any part of the Guaranteed Indebtedness at any time is be secured, Guarantors agree Guarantor agrees that Lender Lenders may at any time and from time to time, at its their discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantors Guarantor hereunder. Guarantors Guarantor further agree agrees that if Borrower executes in favor of Lender Lenders any collateral agreement, deed of trust or other security instrument, including, without limitation, the Mortgages, the exercise by Lender Lenders of any right or remedy thereby conferred on Lender Lenders shall be wholly discretionary with Lender, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Loan DocumentsLenders, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantors Guarantor hereunder. Guarantors Guarantor further agree agrees that Lender Lenders shall not be liable for its their failure to use diligence in the collection of any of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and Guarantors Guarantor hereby waive waives presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.

Appears in 1 contract

Samples: Guaranty Agreement (Sinofresh Healthcare Inc)

Releases and Waivers. If all or any part of the Guaranteed Indebtedness Obligations at any time is be secured, the Guarantors agree that the Lender may at any time and from time to time, at its their discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of the Guarantors hereunder. The Guarantors further agree that if Borrower the Company executes in favor of the Lender any collateral agreement, deed of trust or other security instrument, including, without limitation, the Mortgages, the exercise by the Lender of any right or remedy thereby conferred on the Lender shall be wholly discretionary with the Lender, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Loan Documents, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of the Guarantors hereunder. The Guarantors further agree that the Lender shall not be liable for its their failure to use diligence in the collection of any of the Guaranteed Indebtedness Obligations or in preserving the liability of any person liable on the Guaranteed IndebtednessObligations, and the Guarantors hereby waive presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed IndebtednessObligations, or any part thereof.

Appears in 1 contract

Samples: Guaranty Agreement (FUND.COM Inc.)

Releases and Waivers. If all or any part of the Guaranteed Indebtedness at any time is be secured, Guarantors the Guarantor agree that Lender the Investor may at any time and from time to time, at its discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantors the Guarantor hereunder. Guarantors The Guarantor further agree agrees that if Borrower the Company executes in favor of Lender the Investor any collateral agreement, deed of trust or other security instrument, including, without limitation, the Mortgages, the exercise by Lender the Investor of any right or remedy thereby conferred on Lender the Investor shall be wholly discretionary with Lender, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Loan DocumentsInvestor, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantors the Guarantor hereunder. Guarantors The Guarantor further agree agrees that Lender the Investor shall not be liable for its failure to use diligence in the collection of any of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and Guarantors the Guarantor hereby waive waives presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.

Appears in 1 contract

Samples: Note Purchase Agreement (Advanced Growing Systems, Inc.)

Releases and Waivers. If all or any part of the Guaranteed Indebtedness Obligations at any time is be secured, the Guarantors agree that Lender the Investors may at any time and from time to time, at its their discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of the Guarantors hereunder. The Guarantors further agree that if Borrower the Company executes in favor of Lender the Investors any collateral agreement, deed of trust or other security instrument, including, without limitation, the Mortgages, the exercise by Lender the Investors of any right or remedy thereby conferred on Lender the Investors shall be wholly discretionary with Lender, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Loan DocumentsInvestors, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of the Guarantors hereunder. The Guarantors further agree that Lender the Investors shall not be liable for its their failure to use diligence in the collection of any of the Guaranteed Indebtedness Obligations or in preserving the liability of any person liable on the Guaranteed IndebtednessObligations, and the Guarantors hereby waive presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed IndebtednessObligations, or any part thereof.

Appears in 1 contract

Samples: Guaranty Agreement (Trestle Holdings, Inc.)

Releases and Waivers. If all or any part of the Guaranteed Indebtedness at any time is be secured, Guarantors agree the Guarantor agrees that Lender the Lender(s) may at any time and from time to time, at its its/their discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantors the Guarantor hereunder. Guarantors The Guarantor further agree agrees that if Borrower the Company executes in favor of Lender the Lenders or the Agent on their behalf, any collateral agreement, deed of trust or other security instrument, including, without limitation, the Mortgages, the exercise by the Lender of any right or remedy thereby conferred on the Lender shall be wholly discretionary with Lender, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Loan Documents, Lender and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantors the Guarantor hereunder. Guarantors The Guarantor further agree agrees that neither the Agent nor any Lender shall not be liable for its failure to use diligence in the collection of any of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and Guarantors the Guarantor hereby waive waives presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.

Appears in 1 contract

Samples: Guaranty Agreement (Plures Technologies, Inc./De)

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Releases and Waivers. If all or any part of the Guaranteed Indebtedness at any time is be secured, the Guarantors agree that Lender the Buyers may at any time and from time to time, at its their discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of the Guarantors hereunder. The Guarantors further agree that if Borrower the Company executes in favor of Lender the Buyers any collateral agreement, deed of trust or other security instrument, including, without limitation, the Mortgages, the exercise by Lender the Buyers of any right or remedy thereby conferred on Lender the Buyers shall be wholly discretionary with Lender, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Loan DocumentsBuyers, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of the Guarantors hereunder. The Guarantors further agree that Lender the Buyers shall not be liable for its their failure to use diligence in the collection of any of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and the Guarantors hereby waive presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.

Appears in 1 contract

Samples: Guaranty Agreement (ZBB Energy Corp)

Releases and Waivers. If all or any part of the Guaranteed Indebtedness at any time is be secured, Guarantors agree that Lender may at any time and from time to time, at its discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantors hereunder. Guarantors further agree that if Borrower executes in favor of Lender any collateral agreement, deed of trust or other security instrument, including, without limitation, the MortgagesMortgage, the exercise by Lender of any right or remedy thereby conferred on Lender shall be wholly discretionary with Lender, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Loan Documents, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantors hereunder. Guarantors further agree that Lender shall not be liable for its failure to use diligence in the collection of any of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and Guarantors hereby waive presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.

Appears in 1 contract

Samples: Guaranty Agreement (Horizon Group Properties Inc)

Releases and Waivers. If all or any part of the Guaranteed Indebtedness Obligations at any time is be secured, the Guarantors agree that each Lender may at any time and from time to time, at its their discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of the Guarantors hereunder. The Guarantors further agree that if Borrower the Company executes in favor of each Lender any collateral agreement, deed of trust or other security instrument, including, without limitation, the Mortgages, the exercise by each Lender of any right or remedy thereby conferred on each Lender shall be wholly discretionary with each Lender, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Loan Documents, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of the Guarantors hereunder. The Guarantors further agree that each Lender shall not be liable for its their failure to use diligence in the collection of any of the Guaranteed Indebtedness Obligations or in preserving the liability of any person liable on the Guaranteed IndebtednessObligations, and the Guarantors hereby waive presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed IndebtednessObligations, or any part thereof.

Appears in 1 contract

Samples: Guaranty Agreement (FUND.COM Inc.)

Releases and Waivers. If all or any part of the Guaranteed Indebtedness at any time is be secured, Guarantors agree that Lender may at any time and from time to time, at its discretion and with or without valuable consideration, allow substitution or withdrawal of collateral or other security and release collateral or other security without impairing or diminishing the obligations of Guarantors hereunder. Guarantors further agree that if Borrower executes in favor of Lender any collateral agreement, deed of trust or other security instrument, including, without limitation, the MortgagesMortgage, the exercise by Lender of any right or remedy thereby conferred on Lender shall be wholly discretionary with Lender, subject, however, to all applicable notice and opportunity to cure provisions set forth in the Loan Documents, and that the exercise or failure to exercise any such right or remedy shall in no way impair or diminish the obligations of Guarantors hereunder. Guarantors further agree that Lender shall not be liable for its failure to use diligence in the collection of any of the Guaranteed Indebtedness or in preserving the liability of any person liable on the Guaranteed Indebtedness, and Guarantors hereby waive presentment for payment, notice of nonpayment, protest and notice thereof, notice of acceleration, and diligence in bringing suits against any person liable on the Guaranteed Indebtedness, or any part thereof.

Appears in 1 contract

Samples: Guaranty Agreement (Horizon Group Properties Inc)

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