Common use of Rights of Bank Clause in Contracts

Rights of Bank. Guarantor authorizes Bank 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) Bank may alter any terms of the Loan 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 Loan or any part of it. (b) Bank may take and hold security for the Loan 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. (c) Bank 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 Loan or this Guaranty, and Bank may also bid at any such sale. (d) Bank 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 Bank may elect, whether or not those obligations are guarantied by this Guaranty or secured at the time of the application. (e) Bank may release Borrower of its liability for the Loan or any part of it. (f) Bank may substitute, add or release any one or more guarantors or endorsers. (g) In addition to the Loan, Bank 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.

Appears in 2 contracts

Samples: Unsecured Line of Credit Loan Agreement (Bre Properties Inc /Md/), Revolving Loan Agreement (Essex Property Trust Inc)

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Rights of Bank. Guarantor authorizes Bank 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) Bank may alter any terms of the Loan or any part of itDocuments, including renewing, compromising, extending or accelerating, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Loan or any part of it. (b) Bank may take and hold security for the Loan 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. (c) Bank 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 Loan or this Guaranty, and Bank may also bid at any such sale. (d) Bank may apply any payments or recoveries from BorrowerBorrowers, Guarantor or any other source, and any proceeds of any security, to Borrower's Borrowers' obligations under the Loan Documents in such manner, order and priority as Bank may elect, whether or not those obligations are guarantied by this Guaranty or secured at the time of the application. (e) Bank may release any Borrower or Borrowers of its their liability for the Loan, the Loan Obligations or any part of itportion thereof. (f) Bank may substitute, add or release any one or more guarantors or endorsers. (g) In addition to the Loan, Bank may extend other credit to BorrowerBorrowers, and may take and hold security for the credit so extended, all without affecting Guarantor's liability under this Guaranty.

Appears in 1 contract

Samples: Guaranty (Arlen Corp)

Rights of Bank. Guarantor authorizes Bank to perform any or all of -------------- the following acts at any time in its sole discretion, all without notice to any Guarantor and without affecting any Guarantor's obligations under this Guaranty: (a) Bank may alter any terms of the Loan or any part of it, including renewing, compromising, compromising extending or accelerating, or otherwise changing the time for payment of, or increasing or decreasing the rate of interest on, the Loan or any part of it; provided, Bank shall not modify the Loan Documents so as to increase the principal amount of the Note to more than $3,675,000.00 without the prior written consent of Guarantor. (b) Bank may take and hold security for the Loan 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. (c) Bank 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 Loan or this Guaranty, and Bank may also bid at any such sale. (d) Bank may apply any payments or recoveries from Borrower, any 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 Bank may elect, whether or not those obligations are guarantied by this Guaranty or secured at the time of the application. (e) Bank may release Borrower of its liability for the Loan or any part of it. (f) Bank may substitute, add or release any one or more guarantors or endorsers. (g) In addition to the Loan, Bank 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.

Appears in 1 contract

Samples: Payment Guaranty (Newmark Homes Corp)

Rights of Bank. Each Guarantor authorizes Bank to perform any or all of -------------- the following acts at any time in its sole discretionBank, all without giving notice to any Guarantor or obtaining any Guarantor’s consent and without affecting Guarantor's obligations under this Guarantythe liability of Guarantors for the Obligations to the extent described in Section 2 hereof, from time to time, to: (a) Bank may alter any terms of the Loan or any part of itcompromise, including renewingsettle, compromisingrenew, extending or accelerating, or otherwise changing extend the time for payment payment, change the manner or terms of payment, discharge the performance of, decline to enforce, or increasing or decreasing the rate of interest on, the Loan release all or any part of it.the Obligations; grant other indulgences to Borrower in respect thereof; or modify in any manner any documents (other than this Guaranty) relating to the Obligations, in each case (other than with respect to decisions not to enforce and to grant indulgences) in accordance with Loan Documents; (b) Bank may declare all Obligations due and payable upon the occurrence of an Event of Default; (c) take and hold security for the Loan or this Guaranty, accept additional or substituted security for either, performance of the Obligations and subordinate, exchange, enforce, waive, release, compromise, fail to perfect waive and sell or otherwise dispose of release any such security. (c) Bank 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 Loan or this Guaranty, and Bank may also bid at any such sale.; (d) apply and reapply such security and direct the order or manner of sale thereof as Bank, in its sole discretion, may determine; (e) release, surrender or exchange any deposits or other property securing the Obligations or on which Bank at any time may apply have a Lien; release, substitute or add any payments one or recoveries from Borrowermore endorsers or guarantors of the Obligations; or compromise, Guarantor settle, renew, extend the time for payment, discharge the performance of, decline to enforce, or release all or any other source, and any proceeds obligations of any securitysuch endorser or guarantor or other Person who is now or may hereafter be liable on any Obligations or release, surrender or exchange any deposits or other property of any such Person; (f) apply payments received by Bank from Borrower to Borrower's obligations under the Loan Documents any Obligations, in such manner, order and priority as Bank may electshall determine, in its sole discretion, whether or not those obligations any such Obligations are guarantied covered by this Guaranty or secured at the time of the application. (e) Bank may release Borrower of its liability for the Loan or any part of it. (f) Bank may substitute, add or release any one or more guarantors or endorsers.Guaranty; and (g) In addition assign this Guaranty in whole or in part to the Loan, extent Bank may extend other credit is permitted to Borrower, and may take and hold security for assign the credit so extended, all without affecting Guarantor's liability Obligations under this Guarantythe Loan Agreement.

Appears in 1 contract

Samples: Guaranty (Apex Technology Acquisition Corp)

Rights of Bank. Guarantor authorizes Bank to perform any or all of the -------------- 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) Bank may alter any terms of the Loan 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 Loan or any part of it. (b) Bank may take and hold security for the Loan 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.. ________________________________________________________________________________ ________________________________________________________________________________ (c) Bank 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 Loan or this Guaranty, and Bank may also bid at any such sale. (d) Bank 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 Bank may elect, whether or not those obligations are guarantied by this Guaranty or secured at the time of the application. (e) Bank may release Borrower of its liability for the Loan or any part of it. (f) Bank may substitute, add or release any one or more guarantors or endorsers. (g) In addition to the Loan, Bank 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.

Appears in 1 contract

Samples: Standing Loan Agreement (Prolong International Corp)

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Rights of Bank. Guarantor authorizes Bank to perform any or all of the -------------- 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) Bank may alter any terms of the Loan 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 Loan or any part of it. (b) Bank may take and hold security for the Loan 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.. ________________________________________________________________________________ (c) Bank 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 Loan or this Guaranty, and Bank may also bid at any such sale. (d) Bank 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 Bank may elect, whether or not those obligations are guarantied by this Guaranty or secured at the time of the application. (e) Bank may release Borrower of its liability for the Loan or any part of it. (f) Bank may substitute, add or release any one or more guarantors or endorsers. (g) In addition to the Loan, Bank 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.

Appears in 1 contract

Samples: Bridge Loan Agreement (Prolong International Corp)

Rights of Bank. Guarantor authorizes Bank 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 the Guaranty: (a) Bank may alter any terms of the Loan 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 Loan or any part of it. (b) Bank may take and hold security for the Loan 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. (c) Bank 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 Loan or this Guaranty, and Bank may also bid at any such sale. (d) Bank 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 Bank may elect, whether or not those obligations are guarantied by this Guaranty or secured at the time of the application. (e) Bank may release Borrower of its liability for the Loan or any part of it. (f) Bank may substitute, add or release any one or more guarantors or endorsers. (g) In addition to the Loan, Bank 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.

Appears in 1 contract

Samples: Payment Guaranty (Trex Co Inc)

Rights of Bank. Guarantor authorizes Bank 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) Bank may alter any terms of the Loan 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 Loan or any part of it. (b) Bank may take and hold security for the Loan 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. (c) Bank 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 Loan or this Guaranty, and Bank may also bid at any such sale. (d) Bank 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 Bank may elect, whether or not those obligations are guarantied by this Guaranty or secured at the time of the application. (e) Bank may release Borrower of its liability for the Loan or any part of it. (f) Bank may substitute, add or release any one or more guarantors or endorsers. (g) In addition to the Loan, Bank 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.

Appears in 1 contract

Samples: Payment Guaranty (Historic Preservation Properties 1989 Limited Partnership)

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