Common use of Rights of Lenders Clause in Contracts

Rights of Lenders. Each Guarantor consents and agrees that the Creditor Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the Guarantors.

Appears in 16 contracts

Samples: Credit Agreement (W. P. Carey Inc.), Credit Agreement (Apple Hospitality REIT, Inc.), Credit Agreement (Apple Hospitality REIT, Inc.)

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Rights of Lenders. Each Guarantor The Company consents and agrees that the Creditor Guaranteed Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof, but subject to compliance with all other applicable requirements of this Agreement or any other Loan Document: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Issuer and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor the Company consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors Company under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the GuarantorsCompany.

Appears in 8 contracts

Samples: Credit Agreement (BlackRock Inc.), Credit Agreement (BlackRock Inc.), Credit Agreement (BlackRock Inc.)

Rights of Lenders. Each Guarantor consents and agrees that the any Creditor Parties Party may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) with the written agreement of the Borrower, amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the Guarantors.

Appears in 5 contracts

Samples: Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/), Credit Agreement (Getty Realty Corp /Md/)

Rights of Lenders. Each Guarantor consents and agrees that the Creditor Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Issuer and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the Guarantors.

Appears in 5 contracts

Samples: Credit Agreement (Kennedy-Wilson Holdings, Inc.), Credit Agreement (CIM Commercial Trust Corp), Credit Agreement (CIM Commercial Trust Corp)

Rights of Lenders. Each Holdings and each Subsidiary Guarantor consents and agrees that the Creditor Lender Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereofhereof and subject only to the terms of this Agreement: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Loan Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty Guarantee or any Guaranteed Secured Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Issuer and the Lenders in their sole discretion may determinedetermine in accordance with the terms of the Loan Documents; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Loan Obligations. Without limiting the generality of the foregoing, Holdings and each Subsidiary Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors Holdings or any Subsidiary Guarantor under this Guaranty Guarantee or which, but for this provision, might operate as a discharge of one Holdings or more of the Guarantorsany Subsidiary Guarantor.

Appears in 4 contracts

Samples: Credit Agreement (e.l.f. Beauty, Inc.), Credit Agreement (e.l.f. Beauty, Inc.), Credit Agreement (e.l.f. Beauty, Inc.)

Rights of Lenders. Each Subsidiary Guarantor consents and agrees that the Creditor Secured Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Guarantied Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty or any Guaranteed Guarantied Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Letter of Credit Issuer and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Guarantied Obligations. Without limiting the generality of the foregoing, each Subsidiary Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors any Subsidiary Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the Guarantorsany Subsidiary Guarantor.

Appears in 3 contracts

Samples: Credit Agreement (Intrepid Potash, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Intrepid Potash, Inc.)

Rights of Lenders. Each The Parent Guarantor consents and agrees that the Creditor Parties Administrative Agent, the L/C Issuers, the Lenders and any other Secured Party may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers and Issuers, the Lenders and any other Secured Party in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each the Parent Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors Parent Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the GuarantorsParent Guarantor.

Appears in 3 contracts

Samples: Credit Agreement (Qep Resources, Inc.), Credit Agreement (QEP Midstream Partners, LP), Credit Agreement (QEP Midstream Partners, LP)

Rights of Lenders. Each The obligations of each Guarantor consents and agrees hereunder shall not be released, discharged or affected notwithstanding any action by the Guaranteed Parties that the Creditor Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers and the Lenders Guaranteed Parties in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor consents to agrees that its obligations hereunder will not be released, discharged or affected notwithstanding the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors such Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the Guarantorssuch Guarantor under this Guaranty.

Appears in 3 contracts

Samples: Five Year Credit Agreement (Tiffany & Co), Subsidiary Guaranty (Tiffany & Co), Subsidiary Guaranty (Tiffany & Co)

Rights of Lenders. Each Subject to the terms of this Agreement, each Guarantor consents and agrees to the maximum extent permitted by applicable law that the Creditor Lender Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the such Guarantor’s risks of the Guarantors under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the Guarantorssuch Guarantor.

Appears in 2 contracts

Samples: Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings)

Rights of Lenders. Each Guarantor consents and agrees that the Creditor Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Agent and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the Guarantors.

Appears in 2 contracts

Samples: Credit Agreement (Forest City Realty Trust, Inc.), Term Loan Agreement (CIM Commercial Trust Corp)

Rights of Lenders. Each Guarantor of Springleaf and the Subsidiary Guarantors consents and agrees that the Creditor Secured Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: , but subject to the other provisions of this Agreement, (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Agent and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor of Springleaf and the Subsidiary Guarantors consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of Springleaf and the Subsidiary Guarantors under this Guaranty or which, but for this provision, might operate as a discharge of one or more of Springleaf and the Subsidiary Guarantors.

Appears in 2 contracts

Samples: Security Agreement (Springleaf Finance Inc), Security Agreement (Springleaf Finance Corp)

Rights of Lenders. Each Guarantor of AGFC and the Subsidiary Guarantors consents and agrees that the Creditor Secured Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: , but subject to the other provisions of this Agreement, (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Agent and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor of AGFC and the Subsidiary Guarantors consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of AGFC and the Subsidiary Guarantors under this Guaranty or which, but for this provision, might operate as a discharge of one or more of AGFC and the Subsidiary Guarantors.

Appears in 2 contracts

Samples: Credit Agreement (American General Finance Corp), Credit Agreement (American General Finance Inc)

Rights of Lenders. Each Holdings and each Subsidiary Guarantor consents and agrees that the Creditor Lender Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereofhereof and subject only to the terms of this Agreement: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty Guarantee or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Issuer and the Lenders in their sole discretion may determinedetermine in accordance with the terms of the Loan Documents; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, Holdings and each Subsidiary Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors Holdings or any Subsidiary Guarantor under this Guaranty Guarantee or which, but for this provision, might operate as a discharge of one Holdings or more of the Guarantorsany Subsidiary Guarantor.

Appears in 1 contract

Samples: Credit Agreement (CardConnect Corp.)

Rights of Lenders. Each Guarantor consents and agrees that Administrative Agent and the Creditor Parties holders of the Guaranteed Obligations may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Issuer and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors any Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the Guarantorssuch Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Saltchuk Resources, Inc.)

Rights of Lenders. Each Guarantor consents and agrees that the Creditor Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, 143 release, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the Guarantors.

Appears in 1 contract

Samples: Credit Agreement (Apple Hospitality REIT, Inc.)

Rights of Lenders. Each Guarantor PAA consents and agrees that the Creditor Lender Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof, in each case, unless otherwise set forth herein, including in respect of Section 11.01: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations of any Borrower or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this PAA Guaranty or any Guaranteed ObligationsObligations of any Borrower; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Issuer and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed ObligationsObligations of any Borrower. Without limiting the generality of the foregoing, each Guarantor PAA consents to the taking of, or failure to take, any action by the Lender Parties which might in any manner or to any extent vary the risks of the Guarantors PAA under this PAA Guaranty or which, but for this provision, might operate as a discharge of one or more of the GuarantorsPAA.

Appears in 1 contract

Samples: Credit Agreement (Plains All American Pipeline Lp)

Rights of Lenders. Each Guarantor consents and agrees that the Creditor Guaranteed Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor consents to the taking of, or 119 CHAR1\1806478v11 failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors such Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the Guarantorssuch Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Parsons Corp)

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Rights of Lenders. Each Holdings and each Subsidiary Guarantor consents and agrees that the Creditor Lender Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereofhereof and subject only to the terms of this Agreement: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty Guarantee or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers and the Lenders in their sole discretion may determinedetermine in accordance with the terms of the Loan Documents; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, Holdings and each Subsidiary Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors Holdings or any Subsidiary Guarantor under this Guaranty Guarantee or which, but for this provision, might operate as a discharge of one Holdings or more of the Guarantorsany Subsidiary Guarantor.

Appears in 1 contract

Samples: Second Lien Credit Agreement (CardConnect Corp.)

Rights of Lenders. Each The Guarantor consents and agrees that the Creditor Parties may, at any time and from time to time, without notice or demand, without the consent of such the Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Issuer and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each the Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the Guarantors.Guarantor. 110

Appears in 1 contract

Samples: Credit Agreement (W P Carey & Co LLC)

Rights of Lenders. Each Guarantor consents and agrees that the Creditor Secured Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate as provided herein or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty or any Guaranteed Obligations, subject to the terms of this Agreement and any applicable Share Pledge Agreement; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Agent and the Lenders in their sole discretion may determine, subject to the terms of this Agreement and any applicable Share Pledge Agreement; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors any Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the Guarantorsany such Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Procaps Group, S.A.)

Rights of Lenders. Each Holdings and each Subsidiary Guarantor consents and agrees that the Creditor Secured Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Guarantied Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty guaranty or any Guaranteed Guarantied Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Letter of Credit Issuer and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Guarantied Obligations. Without limiting the generality of the foregoing, Holdings and each Subsidiary Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors Holdings or any Subsidiary Guarantor under this Guaranty Agreement or which, but for this provision, might operate as a discharge of one Holdings or more of the Guarantorsany Subsidiary Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Purple Innovation, Inc.)

Rights of Lenders. Each Guarantor consents and agrees that the any Creditor Parties Party may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) with the written agreement of the Borrower, amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Agent and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the Guarantors.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Getty Realty Corp /Md/)

Rights of Lenders. Each Guarantor The Borrower consents and agrees that the Creditor Lender Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof, in each case, unless otherwise set forth herein, including in respect of Section 11.01: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed GO Bond Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Borrower Guaranty or any Guaranteed GO Bond Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Issuer and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed GO Bond Obligations. Without limiting the generality of the foregoing, each Guarantor the Borrower consents to the taking of, or failure to take, any action by the Lender Parties which might in any manner or to any extent vary the risks of the Guarantors Borrower under this Borrower Guaranty or which, but for this provision, might operate as a discharge of one or more of the GuarantorsBorrower.

Appears in 1 contract

Samples: Credit Agreement (Paa Natural Gas Storage Lp)

Rights of Lenders. Each Guarantor The Company consents and agrees that the Creditor Lender Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof, in each case, unless otherwise set forth herein, including in respect of Section 11.01: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations of the Designated Borrowers or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Company Guaranty or any Guaranteed ObligationsObligations of the Designated Borrowers; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Issuer and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed ObligationsObligations of the Designated Borrowers. Without limiting the generality of the foregoing, each Guarantor the Company consents to the taking of, or failure to take, any action by the Lender Parties which might in any manner or to any extent vary the risks of the Guarantors Company under this Company Guaranty or which, but for this provision, might operate as a discharge of one or more of the GuarantorsCompany.

Appears in 1 contract

Samples: Credit Agreement (Plains All American Pipeline Lp)

Rights of Lenders. Each Guarantor PAA consents and agrees that the Creditor Lender Parties may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof, in each case, unless otherwise set forth herein, including in respect of Section 11.01: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations of any Borrower or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this PAA Guaranty or any Guaranteed ObligationsObligations of any Borrower; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed ObligationsObligations of any Borrower. Without limiting the generality of the foregoing, each Guarantor PAA consents to the taking of, or failure to take, any action by the Lender Parties which might in any manner or to any extent vary the risks of the Guarantors PAA under this PAA Guaranty or which, but for this provision, might operate as a discharge of one or more of the GuarantorsPAA.

Appears in 1 contract

Samples: Credit Agreement (Plains Gp Holdings Lp)

Rights of Lenders. Each The Guarantor consents and agrees that the Creditor Parties may, at any time and from time to time, without notice or demand, without the consent of such the Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Issuer and the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each the Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the GuarantorsGuarantor.

Appears in 1 contract

Samples: Credit Agreement (W P Carey & Co LLC)

Rights of Lenders. Each Guarantor consents and agrees that the Creditor Parties Lenders may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations and the Additional Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty or any Guaranteed Obligations or any Additional Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers Issuer and the Lenders in their sole discretion may determine; , and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations or the Additional Obligations. Without limiting the generality of the foregoing, each Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors such Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the Guarantors.such Guarantor. 115

Appears in 1 contract

Samples: Credit Agreement (Chase Corp)

Rights of Lenders. Each Subsidiary Guarantor consents and agrees that the Creditor Parties Administrative Agent, the L/C Issuer and each the other Lenders may, at any time and from time to time, without notice or demand, without the consent of such Guarantor, and without affecting the enforceability or continuing effectiveness hereof: (a) amend, extend, renew, compromise, discharge, accelerate or otherwise change the time for payment or the terms of the Guaranteed Obligations or any part thereof; (b) take, hold, exchange, enforce, waive, release, fail to perfect, sell, or otherwise dispose of, or impair or fail to perfect any Lien on, of any security for the payment of this Guaranty or any Guaranteed Obligations; (c) apply such security and direct the order or manner of sale thereof as the Administrative Agent, the L/C Issuers and Issuer or any of the Lenders in their sole discretion may determine; and (d) release or substitute any other Guarantor or one or more of any endorsers or other guarantors of any of the Guaranteed Obligations. Without limiting the generality of the foregoing, each Subsidiary Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantors such Subsidiary Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of one or more of the Guarantorssuch Subsidiary Guarantor.

Appears in 1 contract

Samples: Credit Agreement (Healthpeak Properties, Inc.)

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