Rights of Financing Parties. Subject to Section 5, the Parent Guarantor acknowledges that any Financing Party may (except as shall be required by applicable statute which cannot be waived) at any time and from time to time without the consent of, or notice to, the Parent Guarantor, without incurring responsibility to the Parent Guarantor, without impairing or releasing the obligations or liabilities of the Parent Guarantor hereunder, upon or without any terms or conditions and in whole or in part: (a)change the manner, place or terms of payment of, and/or change, increase or extend the time of payment of, renew, increase, accelerate or alter, any of the Guaranteed Obligations (including, without limitation, any increase or decrease in the rate of interest thereon or the principal amount thereof), any security therefor, or any liability incurred directly or indirectly in respect thereof, and the Parent Guaranty herein made shall apply to the Guaranteed Obligations as so changed, extended, increased, accelerated, renewed or altered; (b)take and hold security for the payment of the Guaranteed Obligations and sell, exchange, release, surrender, impair, realize upon or otherwise deal with in any manner and in any order any property or other collateral by whomsoever at any time pledged or mortgaged to secure, or howsoever securing, the Guaranteed Obligations or any liabilities (including any of those hereunder) incurred directly or indirectly in respect thereof or hereof, and/or any offset thereagainst; (c)exercise or refrain from exercising any rights against the Borrower, any other guarantor of the Borrower or others or otherwise act or refrain from acting; (d)release or substitute any one or more endorsers, other guarantors, the Borrower or other obligors; (e)settle or compromise any of the Guaranteed Obligations, any security therefor or any liability (including any of those hereunder) incurred directly or indirectly in respect thereof or hereof, and may subordinate the payment of all or any part thereof to the payment of any liability (whether due or not) of the Borrower to creditors of the Borrower other than the Financing Parties; (f)apply any sums by whomsoever paid or howsoever realized to any liability or liabilities of the Borrower to the Financing Parties regardless of what liabilities of the Borrower remain unpaid; (g)consent to or waive any breach of, or any act, omission or default under, any of the Financing Documents or any of the instruments or agreements referred to there...
Rights of Financing Parties. 14.5.1 A Financing Party may perform, but shall not be obligated to perform, any of Supplier’s obligations hereunder, including holding and conveying title to the System. The rights of Supplier hereunder shall apply, to the extent relevant, mutatis mutandis to any Financing Party.
14.5.2 Any Financing Party shall each have the benefit of the lease to the Site provided to Supplier.
Rights of Financing Parties.
10.5.1 A Financing Party may perform, but shall not be obligated to perform, any of Lessee’s obligations hereunder, including holding and conveying title to the System. The rights of Lessee hereunder shall apply, to the extent relevant, mutatis mutandis to any Financing Party.
10.5.2 Any Financing Party shall each have the benefit of the lease to the Site provided to Lessee.
Rights of Financing Parties. Notwithstanding any contrary term of this Agreement:
(a) the Financing Party, as owner of the System, or as collateral assignee of this Agreement, shall be entitled to exercise, in the place and stead of Lessee, any and all rights and remedies of Lessee under this Agreement in accordance with the terms of this Agreement. The Financing Party shall also be entitled to exercise all rights and remedies of owners or secured parties, respectively, generally with respect to this Agreement and the System;
(b) the Financing Party shall have the right, but not the obligation, to pay all sums due under this Agreement and to perform any other act, duty or obligation required of Lessee thereunder or cause to be cured any default of Lessee hereunder in the time and manner provided by the terms of this Agreement. Nothing herein requires the Financing Party to cure any default of Lessee under this Agreement or (unless the Financing Party has succeeded to Lessee’s interests under this Agreement) to perform any act, duty or obligation of Lessee under this Agreement, but the Town hereby gives it the option to do so;
(c) upon the exercise of remedies, including any sale of the System by the Financing Party, whether by judicial proceeding or under any power of sale contained therein, or any conveyance from Lessee to the Financing Party (or any assignee of the Financing Party) in lieu thereof, the Financing Party shall give notice to the Town of the transferee or assignee of this Agreement. Any such exercise of remedies shall not constitute a default under this Agreement; and
(d) upon any rejection or other termination of this Agreement pursuant to any process undertaken with respect to Lessee under the United States Bankruptcy Code, at the request of Financing Party made within ninety (90) days of such termination or rejection, the Town shall enter into a new agreement with Financing Party or its assignee having substantially the same terms and conditions as this Agreement.
Rights of Financing Parties. For so long as Buyer's obligations under the Financing Documents are outstanding, Buyer and Seller agree (i) to furnish the Financing Parties all notices of default delivered pursuant to Section 17.1 concurrently with delivery to the defaulting party, (ii) Seller shall not terminate this Agreement if the Financing Parties have cured Buyer's default within twenty (20) Days of receipt by the Financing Parties written notice to the Financing Parties that (x) Seller has a matured right to terminate this Agreement and (y) Seller intends to so terminate this Agreement, and (iii) Buyer shall not terminate this Agreement without the consent of the requisite percentage of Financing Parties as set forth in the Financing Documents.
Rights of Financing Parties. (a) Unless it assumes the obligations of System Owner under and pursuant to this Agreement, a Financing Party may perform, but shall not be obligated to perform, any of System Owner’s obligations hereunder, including holding and conveying title to the System. The rights of System Owner hereunder shall apply, to the extent relevant, mutatis mutandis to any Financing Party.
(b) Any Financing Party shall be the beneficiary of any and all representations, warranties and covenants made by Host to System Owner hereunder, including the covenants made in the Lease and SECTION 9, and each Financing Party shall have the benefit of the Lease to the extent that they have assumed the obligations of System Owner under this Agreement.
Rights of Financing Parties. AFinancing Party may perform, but shall not be obligated to perform, any of Nexamp ‘ s obligations hereunder, including holding and conveying title to the System. The rights of Nexamp hereunder shall apply, to the extent relevant, mutatis mutandis to any Financing Party.
Rights of Financing Parties. (i) Unless it assumes the obligations of SELLER under and pursuant to this Agreement, a Financing Party may perform, but shall not be obligated to perform, any of SELLER’s obligations hereunder, including holding and conveying title to the System. The rights of SELLER hereunder shall apply, to the extent relevant, mutatis mutandis to any Financing Party.
(ii) Any Financing Party shall be the beneficiary of any and all representations, warranties and covenants made by Buyer to SELLER hereunder, -26- Author Deleted: - Author Deleted: - to the extent that they have assumed the obligations of SELLER under this Agreement.
Rights of Financing Parties. Notwithstanding anything in this Lease to the contrary, upon Xxxxxx having been given written notice of any party making a loan secured by all or any portion of the Leased Premises (a “Financing Party”), Xxxxxx agrees that such Financing Party shall have the following rights:
(1) Such Financing Party shall have right, but not the obligation, to make any payment or perform any act required to be made or performed by Lessor under this Lease, to prevent or cure a default by Lessor in accordance with this Lease (subject to any extensions of the cure periods therein agreed to by Lessee and such Financing Party) and such act performed by or payment made by such Financing Party shall be as effective to prevent or cure a default as if done by Lessor;
(2) Within ten (10) days of the receipt of a written request from Lessor or such Financing Party, Lessee shall execute or arrange for the delivery of all documents reasonably requested by Lessor or such Financing Party in order to consummate any financing or refinancing and shall enter into reasonable agreements with such Financing Party that provide that Lessee recognizes the rights of such Financing Party upon foreclosure of such Financing Party’s security interest and such other provisions as may be requested by Lessor or such Financing Parties; and
(3) Such Financing Party shall be a third-party beneficiary of the provisions of this Section 8(b).
Rights of Financing Parties. Subject to Section 5, the Parent Guarantor acknowledges that any Financing Party may (except as shall be required by applicable statute and cannot be waived) at any time and from time to time without consent of, or notice to, the Parent Guarantor, without incurring responsibility to the Parent Guarantor, without impairing or releasing the obligations or liabilities of the Parent Guarantor hereunder, upon or without any terms or conditions and in whole or in part:
