Common use of Rights of Administrative Agent and Lenders Clause in Contracts

Rights of Administrative Agent and Lenders. Guarantor authorizes Administrative Agent and Lenders, as applicable, without giving notice to Guarantor or obtaining Guarantor's consent and without affecting the liability of Guarantor, from time to time to: (a) approve modifications to the Plans and Specifications so long as such modifications do not materially increase the cost of constructing the Improvements nor materially increase the time necessary to complete the Improvements; (b) change the terms or conditions of disbursement of the Loan so long as such changes do not materially interfere with Borrower's ability to construct the Improvements as and when required under the Loan Agreement; (c) renew, modify or extend all or any portion of Borrower's obligations under the Note or any of the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any Lender; (d) declare all sums owing to Administrative Agent or any Lender under the Note or any of the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any Lender, due and payable upon the occurrence and during the continuance of a Default under the Loan Documents or an Event of Default as defined in any Swap Agreement between Borrower and Administrative Agent or any Lender; (e) make non-material changes in the dates specified for payments of any sums payable in periodic installments under the Note or any of the other Loan Documents; (f) otherwise modify the terms of any of the Loan Documents or any Swap Agreement between Borrower and Administrative Agent or any Lender; (g) take and hold security for the performance of Borrower's obligations under the Note or the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any Lender, and exchange, enforce, waive, subordinate and release any such security in whole or part; (h) apply such security and direct the order or manner of sale thereof as Administrative Agent in its discretion may determine; (i) release, substitute or add any one or more endorsers of the Note or guarantors of Borrower's obligations under the Note or the other Loan Documents or any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any Lender; (j) apply payments received by Administrative Agent, for its benefit and the benefit of Lenders, from Borrower to any obligations of Borrower to Administrative Agent or any Lender, in such order as Administrative Agent shall determine in its sole discretion, whether or not any such obligations are covered by this Guaranty; (k) assign this Guaranty in whole or in part in connection with an assignment of the other Loan Documents pursuant to the terms and conditions of the Loan Agreement; and (l) assign, transfer or negotiate all or any part of the indebtedness guaranteed by this Guaranty in connection with an assignment of the other Loan Documents pursuant to the terms and conditions of the Loan Agreement.

Rights of Administrative Agent and Lenders. Guarantor authorizes Administrative Agent and Lenders, as applicable, without giving notice to Guarantor or obtaining Guarantor's ’s consent and without affecting the liability of Guarantor, from time to time to: (a) approve modifications to the Plans and Specifications so long as such modifications do not materially increase the cost of constructing the Improvements nor materially increase the time necessary to complete the Improvements; (b) change the terms or conditions of disbursement of the Loan so long as such changes do not materially interfere with Borrower's ability to construct the Improvements as and when required under the Loan Agreement; (c) renew, modify or extend all or any portion of Borrower's ’s obligations under the Note or any of the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any LenderDocuments; (db) declare all sums owing to Administrative Agent or any Lender Lenders under the Note or any of the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any LenderDocuments, due and payable upon the occurrence and during the continuance continuation of a an Event of Default under the Loan Documents or an Event of Default as defined in any Swap Agreement between Borrower and Administrative Agent or any LenderDocuments; (ec) make non-material changes in the dates specified for payments of any sums payable in periodic installments under the Note or any of the other Loan Documents; (fd) otherwise modify the terms of any of the Loan Documents, except for: (i) increases in the principal amount of the Note (except as expressly contemplated by the terms of the Credit Agreement) or changes in the manner by which interest rates, fees or charges are calculated under the Note and the other Loan Documents (Guarantor acknowledges that if the Note or any Swap Agreement between Borrower the other Loan Documents so provide, said interest rates, fees and Administrative Agent charges may vary from time to time) or any Lender(ii) advancement of the Termination Date where no Event of Default has occurred under the Loan Documents; (ge) take and hold security for the performance of Borrower's ’s obligations under the Note or the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any LenderDocuments, and exchange, enforce, waive, subordinate and release any such security in whole or part; (hf) apply such security and direct the order or manner of sale thereof as Administrative Agent in its discretion may determine; (ig) release, substitute or add any one or more endorsers of the Note or guarantors of Borrower's ’s obligations under the Note or the other Loan Documents or any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any LenderDocuments; (jh) apply payments received by Administrative Agent, for its benefit and the benefit of Lenders, Agent from Borrower to any obligations of Borrower to Administrative Agent or any Lender, in such order as Administrative Agent shall determine in its sole discretion, whether or not any such obligations are covered by this Guaranty; (ki) assign this Guaranty in whole or in part in connection with an assignment of the other Loan Documents pursuant to the terms and conditions of the Loan Agreementpart; and (lj) assign, transfer or negotiate all or any part of the indebtedness guaranteed by this Guaranty in connection with an assignment of the other Loan Documents pursuant to the terms and conditions of the Loan Agreement.Guaranty. 

Rights of Administrative Agent and Lenders. Guarantor authorizes Administrative Agent and Lenders, as applicable, without giving notice to Guarantor or obtaining Guarantor's ’s consent and without affecting the liability of Guarantor, from time to time to: (a) approve modifications to the Plans and Specifications so long as such modifications do not materially increase the cost of constructing the Improvements nor materially increase the time necessary to complete the Improvements; (b) change the terms or conditions of disbursement of the Loan so long as such changes do not materially interfere with Borrower's ability to construct the Improvements as and when required under the Loan Agreement; (c) renew, modify or extend all or any portion of Borrower's ’s obligations under the Note or any of the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any LenderDocuments; (db) declare all sums owing to Administrative Agent or any Lender under the Note or any of and the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any Lender, due and payable upon the occurrence and during the continuance of a Default (as defined in the Loan Agreement) under the Loan Documents or an Event of Default as defined in any Swap Agreement between Borrower and Administrative Agent or any LenderDocuments; (ec) make non-material changes in the dates specified for payments of any sums payable in periodic installments under the Note or any of the other Loan Documents; (fd) otherwise modify the terms of any of the Loan Documents, except for (i) increases in the principal amount of the Note or changes in the manner by which interest rates, fees or charges are calculated under the Note and the other Loan Documents (Guarantor acknowledges that if the Note or any Swap Agreement between Borrower other Loan Documents so provide, said interest rates, fees and Administrative Agent charges may vary from time to time) or any Lender(ii) advancement of the Maturity Date of the Note where no Default has occurred under the Loan Documents; (ge) take and hold security for the performance of Borrower's ’s obligations under the Note or the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any Lender, and exchange, enforce, waive, subordinate waive and release any such security in whole or partsecurity; (hf) apply such security and direct the order or manner of sale thereof as Administrative Agent in its discretion may determine; (ig) release, substitute or add any one or more endorsers of the Note or guarantors of Borrower's ’s obligations under the Note or the other Loan Documents or any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any LenderDocuments; (jh) apply payments received by Administrative Agent, for its benefit and the benefit of Lenders, Agent from Borrower to any obligations of Borrower to Administrative Agent or any Lender, in such order as Administrative Agent shall determine in its sole discretion, whether or not any such obligations are covered by this Guaranty; (ki) assign this Guaranty in whole or in part in connection with an assignment of the other Loan Documents pursuant to the terms and conditions of the Loan Agreementpart; and (lj) assign, transfer or negotiate all or any part of the indebtedness guaranteed evidenced by this Guaranty in connection with an assignment of the Note and the other Loan Documents pursuant to the terms and conditions of the Loan AgreementDocuments.

Rights of Administrative Agent and Lenders. Guarantor authorizes Administrative Agent and Lenders, as applicableAgent, without giving notice to Guarantor or obtaining Guarantor's ’s consent and without affecting the liability of Guarantor, from time to time to: (a) approve modifications to the Plans and Specifications so long as such modifications do not materially increase the cost of constructing the Expansion Improvements nor materially increase the time necessary to complete the Expansion Improvements; (b) change the terms or conditions of disbursement of the Loan Expansion Tranche so long as such changes do not materially interfere with Borrower's ’s or Operating Lessee’s ability to construct the Expansion Improvements as and when required under the Loan Agreement; (c) renew, modify or extend all or any portion of Borrower's ’s and/or Operating Lessee’s obligations under the Note Notes or any of the other Loan Documents and any obligations under or in connection with any Swap Interest Rate Protection Agreement between Borrower and Administrative Agent or any Lendera Lender in connection with the Loan; (d) declare all sums owing to Administrative Agent or any Lender Lenders under the Note Notes or any of the other Loan Documents and any obligations under or in connection with any Swap Interest Rate Protection Agreement between Borrower and Administrative Agent or any Lendera Lender in connection with the Loan, due and payable upon the occurrence and during the continuance existence of a Default under the Loan Documents or an Event of Default as defined in any Swap Interest Rate Protection Agreement between Borrower and Administrative Agent or any Lendera Lender in connection with the Loan; (e) make non-material changes in the dates specified for payments of any sums payable in periodic installments under the Note Notes or any of the other Loan Documents; (f) otherwise modify the terms of any of the Loan Documents or any Swap Interest Rate Protection Agreement between Borrower and Administrative Agent a Lender in connection with the Loan, except for: (i) increases in the principal amount of the Notes for or any Lenderchanges in the manner by which interest rates, fees or charges are calculated under the Notes and the other Loan Documents (Guarantor acknowledges that if the Notes or the other Loan Documents so provide, said interest rates, fees and charges may vary from time to time) or (ii) advancement of the Maturity Date (as defined in the Notes) of the Notes where no Default has occurred and is continuing under the Loan; (g) take and hold security for the performance of Borrower's ’s and/or Operating Lessee’s obligations under the Note Notes or the other Loan Documents and any obligations under or in connection with any Swap Interest Rate Protection Agreement between Borrower and Administrative Agent or any Lendera Lender in connection with the Loan, and exchange, enforce, waive, subordinate and release any such security in whole or part; (h) apply such security and direct the order or manner of sale thereof as Administrative Agent in its discretion may determine; (i) release, substitute or add any one or more endorsers of the Note Notes or guarantors of Borrower's ’s and/or Operating Lessee’s obligations under the Note Notes or the other Loan Documents or any obligations under or in connection with any Swap Interest Rate Protection Agreement between Borrower and Administrative Agent or any Lendera Lender in connection with the Loan; (j) apply payments received by Administrative Agent, for its benefit and the benefit of Lenders, Agent and/or any Lender from Borrower and/or Operating Lessee to any obligations of Borrower or Operating Lessee to Administrative Agent or any Lenderand/or Lenders, in such order as Administrative Agent shall determine in its sole discretion, whether or not any such obligations are covered by this Guaranty; (k) assign this Guaranty in whole or in part in connection with an assignment of the other Loan Documents pursuant to the terms and conditions of the Loan Agreementpart; and (l) assign, transfer or negotiate all or any part of the indebtedness guaranteed by this Guaranty Guaranty. Notwithstanding anything to the contrary contained herein, the rights of Administrative Agent granted pursuant to this Section 9 shall in connection with an assignment no way amend, alter or supersede any of Borrower’s, Operating Lessee’s or Administrative Agent’s rights under the Loan Agreement or any other Loan Documents pursuant to the terms and conditions of the Loan AgreementDocument.

Rights of Administrative Agent and Lenders. Guarantor The Support Party authorizes the Administrative Agent and Lenderson behalf of the Lenders to perform any or all of the following acts at any time in its sole discretion, as applicable, all without giving notice to Guarantor or obtaining Guarantor's consent the Support Party and without affecting the liability of Guarantor, from time to time to: Support Party's obligations under this Support Party Agreement: (a) approve modifications The Administrative Agent at the instruction of the Lenders pursuant to Section 9.02 of the Plans and Specifications so long as such modifications do not materially increase Credit Agreement may alter any terms of the cost of constructing Support Party Agreement amounts or Commitments outstanding under the Improvements nor materially increase Credit Agreement or any part thereof, including renewing, compromising, extending or accelerating, or otherwise changing the time necessary to complete for payment of, or increasing or decreasing the Improvements; rate of interest on, the amounts outstanding under the Credit Agreement or any part thereof. (b) change the terms or conditions of disbursement of the Loan so long as such changes do not materially interfere with Borrower's ability to construct the Improvements as and when required under the Loan Agreement; (c) renew, modify or extend all or any portion of Borrower's obligations under the Note or any of the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any Lender; (d) declare all sums owing to The Administrative Agent or any Lender under the Note or any of the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any Lender, due and payable upon the occurrence and during the continuance of a Default under the Loan Documents or an Event of Default as defined in any Swap Agreement between Borrower and Administrative Agent or any Lender; (e) make non-material changes in the dates specified for payments of any sums payable in periodic installments under the Note or any of the other Loan Documents; (f) otherwise modify the terms of any of the Loan Documents or any Swap Agreement between Borrower and Administrative Agent or any Lender; (g) may take and hold security for the performance of Borrower's obligations amounts or Commitments outstanding under the Note Credit Agreement or the other Loan Documents and any obligations under this Support Party Agreement, accept additional or in connection with any Swap Agreement between Borrower and Administrative Agent or any Lendersubstituted security for either, and subordinate, exchange, enforce, waive, subordinate release, compromise, fail to perfect and release sell or otherwise dispose of any such security in whole security. (c) Upon any Event of Default, the Administrative Agent or part; (h) apply such security and any Lender may direct the order or and manner of any sale thereof as of all or any part of any security now or later to be held for the amounts or Commitments outstanding under the Credit Agreement or this Support Party Agreement, respectively, and the Administrative Agent in its discretion or any Lender may determine; also bid at any such sale. (id) releaseThe Administrative Agent or any Lender may apply any payments or recoveries from the Borrower, substitute the Support Party or add any one or more endorsers other source, and any proceeds of any security, to the Note or guarantors of Borrower's obligations under the Note Credit Agreement in such manner, order and priority as the Administrative Agent or such Lender may elect, whether or not those obligations are secured at the other Loan Documents or any obligations under or in connection with any Swap Agreement between Borrower and time of the application. (e) The Administrative Agent or any Lender; (j) apply payments received by Administrative Agent, for its benefit and the benefit of Lenders, from Borrower to any obligations of Borrower to Administrative Agent or any Lender, in such order as Administrative Agent shall determine in its sole discretion, whether or not any such obligations are covered by this Guaranty; (k) assign this Guaranty in whole or in part in connection with an assignment of the other Loan Documents pursuant Lender may extend additional credit to the terms and conditions of Borrower or the Loan Agreement; and (l) assign, transfer or negotiate all or any part of the indebtedness guaranteed by this Guaranty Support Party in connection with an assignment of the other Loan Documents pursuant addition to the terms amounts and conditions of Commitments outstanding under the Loan Credit Agreement, and may take and hold security for the credit so extended.

Rights of Administrative Agent and Lenders. Guarantor authorizes Administrative Agent and Lenders, as applicable, without giving notice to Guarantor or obtaining Guarantor's ’s consent and without affecting the liability of GuarantorGuarantor (but subject to any agreement with Borrowers as required under the Loan Documents), from time to time to: to (a) approve modifications to the Plans and Specifications so long as such modifications do not materially increase the cost of constructing the Improvements nor materially increase the time necessary to complete the Improvements; (b) change the terms or conditions of disbursement of the Loan so long as such changes do not materially interfere with Borrower's ability to construct the Improvements as and when required under the Loan Agreement; (c) renew, modify modify, extend, increase, or extend otherwise change all or any portion of Borrower's Borrowers’ obligations under, or other terms relating to, the Loan Agreement or any of the other Loan Documents; (b) declare all sums owing to Lenders under the Note Loan Agreement or any of the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any Lender; (d) declare all sums owing to Administrative Agent or any Lender under the Note or any of the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any Lender, due and payable upon the occurrence and during the continuance of a an Event of Default under the Loan Documents or an Event of Default as defined in any Swap Agreement between Borrower and Administrative Agent or any LenderDocuments; (ec) make non-material changes in the dates specified for payments of any sums payable in periodic installments under the Note Loan Agreement or any of the other Loan Documents; (fd) otherwise amend or modify the terms of any of the Loan Documents or any Swap Agreement between Borrower and Administrative Agent or any LenderDocuments; (ge) take and hold security for the performance of Borrower's Borrowers’ obligations under the Note Loan Agreement or the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any Lender, and exchange, enforce, waive, subordinate and release any such security in whole or part; (hf) apply such security and direct the order or manner of sale thereof as Administrative Agent in its discretion may determine; (ig) release, substitute or add any one or more endorsers of obligors under the Note Loan or guarantors of Borrower's Borrowers’ obligations under the Note or the other Loan Documents or any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent all or any Lenderportion of the Collateral; (jh) settle, release, compromise, collect or otherwise liquidate the Obligations or any portion thereof; (i) accept and apply payments received by Administrative Agent, for its benefit and the benefit of Lenders, Agent from any Borrower to any obligations of Borrower Borrowers to Administrative Agent or any Lenderand Lenders, in such order as Administrative Agent shall determine in its sole discretion, whether or not any such obligations are covered by this Guaranty; (kj) assign this Guaranty in whole or in part in connection with an assignment of the other Loan Documents pursuant to the terms and conditions of the Loan Agreementpart; and (lk) assign, transfer or negotiate all or any part of the indebtedness guaranteed by this Guaranty in connection with an assignment Guaranty; and (l) modify or terminate the terms of any intercreditor or subordination agreement pursuant to which claims of other creditors of Guarantor or any Borrower are subordinated to the claims of the other Loan Documents pursuant to Administrative Agent and the terms and conditions of the Loan AgreementLenders.

Rights of Administrative Agent and Lenders. Guarantor authorizes Administrative Agent and Lenders, as applicable, without giving notice to Guarantor or obtaining Guarantor's ’s consent and without affecting the liability of Guarantor, from time to time to: (a) approve modifications to the Plans and Specifications so long as such modifications do not materially increase the cost of constructing the Improvements nor materially increase the time necessary to complete the Improvements; (b) change the terms or conditions of disbursement of the Loan so long as such changes do not materially interfere with Borrower's ability to construct the Improvements as and when required under the Loan Agreement; (c) renew, modify or extend all or any portion of Borrower's ’s obligations under the Note or any of the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any LenderDocuments; (db) declare all sums owing to Administrative Agent or any Lender under the Note or any of and the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any Lender, due and payable upon the occurrence and during the continuance of a Default (as defined in the Loan Agreement) under the Loan Documents or an Event of Default as defined in any Swap Agreement between Borrower and Administrative Agent or any LenderDocuments; (ec) make non-material non‑material changes in the dates specified for payments of any sums payable in periodic installments under the Note or any of the other Loan Documents; (fd) otherwise modify the terms of any of the Loan Documents, except for (i) increases in the principal amount of the Note or changes in the manner by which interest rates, fees or charges are calculated under the Note and the other Loan Documents (Guarantor acknowledges that if the Note or any Swap Agreement between Borrower other Loan Documents so provide, said interest rates, fees and Administrative Agent charges may vary from time to time) or any Lender(ii) advancement of the Maturity Date of the Note where no Default has occurred under the Loan Documents; (ge) take and hold security for the performance of Borrower's ’s obligations under the Note or the other Loan Documents and any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any Lender, and exchange, enforce, waive, subordinate waive and release any such security in whole or partsecurity; (hf) apply such security and direct the order or manner of sale thereof as Administrative Agent in its discretion may determine; (ig) release, substitute or add any one or more endorsers of the Note or guarantors of Borrower's ’s obligations under the Note or the other Loan Documents or any obligations under or in connection with any Swap Agreement between Borrower and Administrative Agent or any LenderDocuments; (jh) apply payments received by Administrative Agent, for its benefit and the benefit of Lenders, Agent from Borrower to any obligations of Borrower to Administrative Agent or any Lender, in such order as Administrative Agent shall determine in its sole discretion, whether or not any such obligations are covered by this Guaranty; (ki) assign this Guaranty in whole or in part in connection with an assignment of the other Loan Documents pursuant to the terms and conditions of the Loan Agreementpart; and (lj) assign, transfer or negotiate all or any part of the indebtedness guaranteed evidenced by this Guaranty in connection with an assignment of the Note and the other Loan Documents pursuant to the terms and conditions of the Loan AgreementDocuments.