Common use of Rights Absolute Clause in Contracts

Rights Absolute. All rights of Secured Party and the pledge, assignment, charge and security interest hereunder, and all obligations of Debtor hereunder, shall be absolute and unconditional, irrespective of: (a) any lack of validity or enforceability of any Loan Document or any other agreement or instrument relating thereto; (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from any Loan Document, including, without limitation, any increase in the Obligations; (c) any taking, exchange, release or non-perfection of any other collateral, or any taking, release, amendment or waiver of or consent to departure from any guaranty, surety or support agreement for all or any of the Obligations; (d) any manner of application of collateral or proceeds thereof, to all or any of the Obligations, or any manner of sale or other disposition of any collateral for all or any of the Obligations or any other assets of any principal, guarantor or surety; (e) any change, restructuring or termination of the corporate or company structure or existence of Debtor or any affiliate thereof; and (f) any other circumstance that might otherwise constitute a defense available to, or a discharge of, Debtor or any affiliate of Debtor, any other Person liable for the Obligations or a third party guarantor or grantor of a security interest.

Appears in 6 contracts

Samples: Security Agreement (Body & Mind Inc.), Security Agreement (Santa Fe Gold CORP), Security Agreement (Santa Fe Gold CORP)

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Rights Absolute. All rights of Secured Party the Trustee and the Beneficiary and the deed of trust, pledge, assignment, charge and security interest hereunder, and all obligations of Debtor the Trustor hereunder, shall be absolute and unconditional, irrespective of: (a) any lack of validity or enforceability of any Loan Credit Document or any other agreement or instrument relating thereto; (b) any thereto;any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from any Loan Credit Document, including, without limitation, any increase in the Obligations; (c) any Obligations;any taking, exchange, release or non-perfection of any other collateral, or any taking, release, amendment or waiver of or consent to departure from any guaranty, surety or support agreement for all or any of the Obligations; (d) any Obligations;any manner of application of collateral or proceeds thereof, to all or any of the Obligations, or any manner of sale or other disposition of any collateral for all or any of the Obligations or any other assets of any principal, guarantor or surety; (e) any surety;any change, restructuring or termination of the corporate or company structure or existence of Debtor the Borrower, the Trustor or any affiliate thereof; and (f) any andany other circumstance that might otherwise constitute a defense available to, or a discharge of, Debtor the Trustor or any affiliate of Debtorthe Trustor, any other Person liable for the Obligations or a third party guarantor or grantor of a security interest.

Appears in 2 contracts

Samples: Deed of Trust (Santa Fe Gold CORP), Deed of Trust (Santa Fe Gold CORP)

Rights Absolute. All rights of the Secured Party and the pledge, assignment, charge charge, lien and security interest hereunder, and all obligations of any Debtor hereunder, shall be absolute and unconditional, irrespective of: (a) any lack of validity or enforceability of any Loan Credit Document or any other agreement or instrument relating thereto; (b) any change or modification in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment amendment, modification, restatement, continuance or waiver of of, or any consent to any departure from from, the Credit Agreement or any Loan other Credit Document, including, without limitation, any extension, restatement or continuance of, or increase in in, the Obligations; (c) any taking, exchange, release or non-perfection of any other collateral, or any taking, release, amendment or waiver of or consent to departure from any guaranty, surety or support agreement for all or any of the Obligations; (d) any manner of application of collateral or proceeds thereof, to all or any of the Obligations, or any manner of sale or other disposition of any collateral for all or any of the Obligations or any other assets of any principal, guarantor or surety; (e) any change, restructuring or termination of the corporate or company structure or existence of any Debtor or any affiliate thereof; and (f) any other fact, event, action or circumstance that might otherwise constitute a defense available to, or a discharge of, any Debtor or any affiliate of any Debtor, any other Person liable for the Obligations or a third party guarantor or grantor of a security interest, whether at law or in equity.

Appears in 2 contracts

Samples: Security Agreement (Royal Gold Inc), Security Agreement (Royal Gold Inc)

Rights Absolute. All rights of the Secured Party and the pledge, assignment, charge charge, lien and security interest hereunder, and all obligations of any Debtor hereunder, shall be absolute and unconditional, irrespective of: (a) any lack of validity or enforceability of any Loan Credit Document or any other agreement or instrument relating thereto; (b) any change or modification in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment amendment, modification, restatement, continuance or waiver of of, or any consent to any departure from from, the Credit Agreement or any Loan other Credit Document, including, without limitation, any extension, restatement or continuance of, or increase in in, the Obligations; (c) any taking, exchange, release or non-perfection of any other collateral, or any taking, release, amendment or waiver of or consent to departure from any guaranty, surety or support agreement for all or any of the Obligations; (d) any manner of application of collateral or proceeds thereof, to all or any of the Obligations, or any manner of sale or other disposition of any collateral for all or any of the Obligations or any other assets of any principal, guarantor or surety; (e) any change, restructuring or termination of the corporate or company structure or existence of any Debtor or any affiliate thereof; and (f) any other fact, event, action or circumstance that might otherwise constitute a defense available to, or a discharge of, any Debtor or any affiliate of any Debtor, any Guarantor, any other Person liable for the Obligations or a third party guarantor or grantor of a security interest, whether at law or in equity.

Appears in 1 contract

Samples: Revolving Credit Agreement (Royal Gold Inc)

Rights Absolute. All rights of Secured Party the Lender and the mortgage, pledge, assignment, charge and security interest hereunder, and all obligations of Debtor the Grantor hereunder, shall be absolute and unconditional, irrespective of: (a) any lack of validity or enforceability of any Loan Document or any other agreement or instrument relating thereto; (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from any Loan Document, including, without limitation, any increase in the Obligations; (c) any taking, exchange, release or non-perfection of any other collateral, or any taking, release, amendment or waiver of or consent to departure from any guaranty, surety or support agreement for all or any of the Obligations; (d) any manner of application of collateral or proceeds thereof, to all or any of the Obligations, or any manner of sale or other disposition of any collateral for all or any of the Obligations or any other assets of any principal, guarantor or surety; (e) any change, restructuring or termination of the corporate or company structure or existence of Debtor the Borrower, the Grantor or any affiliate thereof; and (f) any other circumstance that might otherwise constitute a defense available to, or a discharge of, Debtor the Grantor or any affiliate of Debtorthe Grantor, any other Person liable for the Obligations or a third party guarantor or grantor of a security interest.

Appears in 1 contract

Samples: Mortgage, Security Agreement, Assignment of Production, Rents and Leasehold Interests and Financing Statement (Santa Fe Gold CORP)

Rights Absolute. All rights of Secured Party and the pledge, assignment, charge and security interest hereunder, and all obligations of Debtor hereunder, shall be absolute and unconditional, irrespective of: (a) any lack of validity or enforceability of any Loan Transaction Document or any other agreement or instrument relating thereto; (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from any Loan Transaction Document, including, without limitation, any increase in the Obligations; (c) any taking, exchange, release or non-perfection of any other collateral, or any taking, release, amendment or waiver of or consent to departure from any guaranty, surety or support agreement for all or any of the Obligations; (d) any manner of application of collateral or proceeds thereof, to all or any of the Obligations, or any manner of sale or other disposition of any collateral for all or any of the Obligations or any other assets of any principal, guarantor or surety; (e) any change, restructuring or termination of the corporate or company structure or existence of Debtor or any affiliate thereof; and (f) any other circumstance that might otherwise constitute a defense available to, or a discharge of, Debtor or any affiliate of Debtor, any other Person liable for the Obligations or a third party guarantor or grantor of a security interest.

Appears in 1 contract

Samples: Securities Purchase Agreement (Micro Imaging Technology, Inc.)

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Rights Absolute. All rights of Secured Party the Trustee and the Beneficiary and the deed of trust, pledge, assignment, charge and security interest hereunder, and all obligations of Debtor the Grantors hereunder, shall be absolute and unconditional, irrespective of: (a) any lack of validity or enforceability of any Loan Document the Pledge Agreement or any other agreement or instrument relating thereto; (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from any Loan Documentthe same, including, without limitation, any increase in the Obligations; (c) any taking, exchange, release or non-perfection of any other collateral, or any taking, release, amendment or waiver of or consent to departure from any guaranty, surety or support agreement for all or any of the Obligations; (d) any manner of application of collateral or proceeds thereof, to all or any of the Obligations, or any manner of sale or other disposition of any collateral for all or any of the Obligations or any other assets of any principal, guarantor or surety; (e) any change, restructuring or termination of the corporate or company structure or existence of Debtor Grantors or any affiliate thereof; and (f) any other circumstance that might otherwise constitute a defense available to, or a discharge of, Debtor Grantors or any affiliate of DebtorGrantors, any other Person liable for the Obligations or a third party guarantor or grantor of a security interest.

Appears in 1 contract

Samples: Deed of Trust (Westmountain Gold, Inc.)

Rights Absolute. All rights of Secured Party the Trustee and the Beneficiary and the deed of trust, pledge, assignment, charge and security interest hereunder, and all obligations of Debtor the Trustor hereunder, shall be absolute and unconditional, irrespective of: (a) any lack of validity or enforceability of any Loan Credit Document or any other agreement or instrument relating thereto; (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from any Loan Credit Document, including, without limitation, any increase in the Obligations; (c) any taking, exchange, release or non-perfection of any other collateral, or any taking, release, amendment or waiver of or consent to departure from any guaranty, surety or support agreement for all or any of the Obligations; (d) any manner of application of collateral or proceeds thereof, to all or any of the Obligations, or any manner of sale or other disposition of any collateral for all or any of the Obligations or any other assets of any principal, guarantor or surety; (e) any change, restructuring or termination of the corporate or company structure or existence of Debtor the Borrower, the Trustor or any affiliate thereof; and (f) any other circumstance that might otherwise constitute a defense available to, or a discharge of, Debtor the Trustor or any affiliate of Debtorthe Trustor, any other Person liable for the Obligations or a third party guarantor or grantor of a security interest.

Appears in 1 contract

Samples: Loan Agreement (Gryphon Gold Corp)

Rights Absolute. All rights of Secured Party and the pledge, assignment, charge and security interest hereunder, and all obligations of Debtor hereunder, shall be absolute and unconditional, irrespective of: (a) any lack of validity or enforceability of any Loan Credit Document or any other agreement or instrument relating thereto; (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from any Loan Credit Document, including, without limitation, any increase in the Obligations; (c) any taking, exchange, release or non-perfection of any other collateral, or any taking, release, amendment or waiver of or consent to departure from any guaranty, surety or support agreement for all or any of the Obligations; (d) any manner of application of collateral or proceeds thereof, to all or any of the Obligations, or any manner of sale or other disposition of any collateral for all or any of the Obligations or any other assets of any principal, guarantor or surety; (e) any change, restructuring or termination of the corporate or company structure or existence of Debtor or any affiliate thereof; and (f) any other circumstance that might otherwise constitute a defense available to, or a discharge of, Debtor or any affiliate of Debtor, any other Person liable for the Obligations or a third party guarantor or grantor of a security interest.

Appears in 1 contract

Samples: Security Agreement (Golden Phoenix Minerals Inc)

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