Common use of RIGHTS OF AGENT AND THE LENDERS Clause in Contracts

RIGHTS OF AGENT AND THE LENDERS. Guarantor authorizes Agent or any Lender to perform any or all of the following acts at any time in its sole discretion, all without notice to Guarantor and without affecting Guarantor's obligations under this Guaranty: (a) Agent or the Requisite Lenders may alter any terms of the Indebtedness or any part of it, including renewing, compromising, extending or accelerating, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Indebtedness or any part of it. (b) Agent or any Lender may take and hold security for the Indebtedness or this Guaranty, accept additional or substituted security for either, and subordinate, exchange, enforce, waive, release, compromise, fail to perfect and sell or otherwise dispose of any such security in accordance with the terms of the Indebtedness. (c) Agent or any Lender may direct the order and manner of any sale of all or any part of any security now or later to be held for the Indebtedness or this Guaranty, and Agent or any Lender may also bid at any such sale. (d) Agent or any Lender may apply any payments or recoveries from Borrower, Guarantor or any other source, and any proceeds of any security, to Borrower's obligations under the Loan Documents in such manner, order and priority as Agent or such Lender may elect, whether or not those obligations are guarantied by this Guaranty or secured at the time of the application. (e) Agent or any Lender may release Borrower of its liability for the Indebtedness or any part of it. (f) Agent or any Lender may substitute, add or release any one or more Guarantors, other guarantors or endorsers. (g) In addition to the Indebtedness, Agent or any Lender may extend other credit to Borrower, and may take and hold security for the credit so extended, all without affecting Guarantor's liability under this Guaranty.

RIGHTS OF AGENT AND THE LENDERS. Guarantor authorizes Agent or any Lender to perform any or all of the following acts at any time in its sole discretion, all without notice to Guarantor and without affecting Guarantor's obligations under this Guaranty: (a) Agent or the Requisite Lenders may alter any terms of the Guarantied Indebtedness or any part of it, including renewing, compromising, extending or accelerating, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Guarantied Indebtedness or any part of it. (b) Agent or any Lender may take and hold security for the Guarantied Indebtedness or this Guaranty, accept additional or substituted security for either, and subordinate, exchange, enforce, waive, release, compromise, fail to perfect and sell or otherwise dispose of any such security in accordance with the terms of the Indebtednesssecurity. (c) Upon any Credit Agreement Event of Default or Guarantor Event of Default, Agent or any Lender may direct the order and manner of any sale of all or any part of any security now or later to be held for the Guarantied Indebtedness or this Guaranty, respectively, and Agent or any Lender may also bid at any such sale. (d) Agent or any Lender may apply any payments or recoveries from BorrowerAcquisition Sub, Guarantor or any other source, and any proceeds of any security, to BorrowerAcquisition Sub's obligations under the Loan Documents in such manner, order and priority as Agent or such Lender may elect, whether or not those obligations are guarantied by this Guaranty or secured at the time of the application. (e) Agent or any Lender may release Borrower of its liability for the Indebtedness or any part of it. (f) Agent or any Lender may substitute, add or release any one or more Guarantors, other guarantors or endorsers. (gf) In addition to the Guarantied Indebtedness, Agent or any Lender may extend other credit to BorrowerAcquisition Sub or any other Guarantor, and may take and hold security for the credit so extended, all without affecting Guarantor's liability under this Guaranty.

RIGHTS OF AGENT AND THE LENDERS. Guarantor authorizes Agent or any Lender to perform any or all of the following acts at any time in its sole discretion, all without notice to Guarantor and without affecting Guarantor's obligations under this Guaranty: (a) Agent or the Requisite Lenders may alter any terms of the Indebtedness or any part of it, including renewing, compromising, extending or accelerating, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Indebtedness or any part of it. (b) Agent or any Lender may take and hold security for the Indebtedness or this Guaranty, accept additional or substituted security for either, and subordinate, exchange, enforce, waive, release, compromise, fail to perfect and sell or otherwise dispose of any such security in accordance with the terms of the Indebtedness. (c) Agent or any Lender may direct the order and manner of any sale of all or any part of any security now or later to be held for the Indebtedness or this Guaranty, and Agent or any Lender may also bid at any such sale. (d) Agent or any Lender may apply any payments or recoveries from BorrowerCompany, Guarantor or any other source, and any proceeds of any security, to BorrowerCompany's obligations under the Loan Documents in such manner, order and priority as Agent or such Lender may elect, whether or not those obligations are guarantied by this Guaranty or secured at the time of the application. (e) Agent or any Lender may release Borrower Company of its liability for the Indebtedness or any part of it. (f) Agent or any Lender may substitute, add or release any one or more Guarantors, other guarantors or endorsers. (g) In addition to the Indebtedness, Agent or any Lender may extend other credit to BorrowerCompany, and may take and hold security for the credit so extended, all without affecting Guarantor's liability under this Guaranty.

RIGHTS OF AGENT AND THE LENDERS. Guarantor authorizes Agent Notwithstanding anything to the contrary herein or in any Lender to perform any or all of the following acts at any time in its sole discretion, all without notice to Guarantor and without affecting Guarantor's obligations under this Guarantyother Loan Documents: (a) with the written consent of the Required Lenders, the Agent may, from time to time, (i) enter into with the Borrower written amendments, supplements or modifications hereto and to the Notes and the other Loan Documents, or change in any manner the rights of the Lenders or of Borrower hereunder or thereunder (including, without limitation, modifying any financial covenant contained herein) or (ii) waive, on such terms and conditions as the Required Lenders or the Requisite Lenders Agent, as the case may alter be, may specify in such instrument, any terms of the Indebtedness requirements of this Agreement, the Notes or the other Loan Documents or any part Default or Event of itDefault and its consequences; provided, including renewinghowever, compromisingthat no such waiver and no such amendment, extending supplement or acceleratingmodification shall (A) without the written consent of each Lender affected thereby (i) reduce or forgive the amount of any Note or of any installment thereof, (ii) extend the scheduled date of maturity of the Loans or any mandatory principal payment thereon, (iii) reduce the stated rate of any interest or fee payable hereunder or extend the scheduled date of any payment thereof or (iv) forgive any portion of interest or principal, fees or other amounts due hereunder, (B) without the written consent of all the Lenders, (i) amend, modify or waive any provision of this subsection, (ii) reduce the number specified in the definition of Required Lenders, (iii) consent to the assignment or transfer by Borrower of any of its rights and obligations under this Agreement and the other Loan Documents or (iv) release any collateral or subordinate the Lien of the Mortgage to any other mortgage, and (C) without the written consent of the Agent, amend, modify or waive any provision of Section 10 of this Agreement. Any such waiver and any such amendment, supplement or modification shall apply equally to each of the Lenders and shall be binding upon each of the Borrower, the Lenders, the Agent and all future holders of any of the Notes. In the case of any waiver, the Borrower, the Lenders and the Agent shall be restored to their former position and rights hereunder and under the outstanding Notes and any other Loan Documents, and any Default or Event of Default waived shall be deemed to be cured and not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Indebtedness or impair any part of itright consequent thereon. (b) Agent In addition to the Agent, the Required Lenders shall have the right to determine that conversion to a Eurodollar Loan is inappropriate pursuant to subsection 3.6(a) or any Lender may take and hold security for the Indebtedness or this Guaranty, accept additional or substituted security for either, and subordinate, exchange, enforce, waive, release, compromise, fail to perfect and sell or otherwise dispose of any such security in accordance with the terms of the Indebtedness.3.6(b) above; (c) Agent If clause (b) of subsection 3.10 is invoked, the Required Lenders shall certify that the Eurodollar Rate determined or any Lender may direct the order and manner of any sale of all or any part of any security now or later to be held determined for such Interest Period will not adequately and fairly reflect the Indebtedness cost to the Lenders of making or this Guaranty, and Agent or any Lender may also bid at any such sale.maintaining the affected Eurodollar Loan during the applicable Interest Period; and (d) Under clause (b) of Section 9.3, (i) the Agent or any Lender may apply any payments or recoveries from Borrower, Guarantor or any other source, and any proceeds of any security, to Borrower's obligations under only accelerate the Loan Documents in such manner, order and priority as Agent or such Lender may elect, whether or not those obligations are guarantied by this Guaranty or secured at Obligations with the time consent of the applicationRequired Lenders and (ii) the Agent shall accelerate the Obligations upon the direction of the Required Lenders. (e) Agent or any Lender may release Borrower of its liability for the Indebtedness or any part of it. (f) Agent or any Lender may substitute, add or release any one or more Guarantors, other guarantors or endorsers. (g) In addition to the Indebtedness, Agent or any Lender may extend other credit to Borrower, and may take and hold security for the credit so extended, all without affecting Guarantor's liability under this Guaranty.

RIGHTS OF AGENT AND THE LENDERS. Guarantor authorizes Agent or any Lender to perform any or all of the following acts at any time in its sole discretion, all without notice to Guarantor and without affecting Guarantor's obligations under this Guaranty: (a) Agent or the Requisite Lenders may alter any terms of the Indebtedness or any part of it, including renewing, compromising, extending or accelerating, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Indebtedness or any part of it. (b) Agent or any Lender may take and hold security for the Indebtedness or this Guaranty, accept additional or substituted security for either, and subordinate, exchange, enforce, waive, release, compromise, fail to perfect and sell or otherwise dispose of any such security in accordance with the terms of the Indebtedness. (c) Agent or any Lender may direct the order and manner of any sale of all or any part of any security now or later to be held for the Indebtedness or this Guaranty, and Agent or any Lender may also bid at any such sale. (d) Agent or any Lender may apply any payments or recoveries from Borrower, Guarantor or any other source, and any proceeds of any security, to Borrower's obligations under the Loan Documents in such manner, order and priority as Agent or such Lender may elect, whether or not those obligations are guarantied by this Guaranty or secured at the time of the application. (e) Agent or any Lender may release Borrower of its liability for the Indebtedness or any part of it. (f) Agent or any Lender may substitute, add or release any one or more Guarantors, other guarantors or endorsers. (g) In addition to the Indebtedness, Agent or any Lender may extend other credit to Borrower, and may take and hold security for the credit so extended, all without affecting Guarantor's liability under this Guaranty.