Common use of Security; Waiver Clause in Contracts

Security; Waiver. The Guarantor authorizes the Administrative Agent, the Collateral Agent, and each of the other Secured Parties to (i) take and hold security for the payment of this guarantee and/or the Obligations and exchange, enforce, waive and release any such security, (ii) apply such security and direct the order or manner of sale thereof as they in their sole discretion may determine and (iii) release or substitute any one or more endorsees, other guarantors or other obligors or any collateral. The Administrative Agent, the Collateral Agent, and the other Secured Parties may, at their election, foreclose on any security held by one or more of them by one or more judicial or non-judicial sales, or exercise any other right or remedy available to them against the Borrowers or any guarantor, or any security, without affecting or impairing in any way the liability of the Guarantor hereunder except to the extent that the Obligations have been fully, finally and indefeasibly paid in cash. The Guarantor waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of the Guarantor against the Borrowers or any other guarantor, as the case may be, or any security.

Appears in 3 contracts

Samples: Company Guarantee (DREW INDUSTRIES Inc), Company Guarantee Agreement (Drew Industries Inc), Credit Agreement (Drew Industries Incorporated)

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Security; Waiver. The Guarantor authorizes the Administrative Agent, the Collateral Agent, and each of the other Secured Parties to (i) take and hold security for the payment of this guarantee and/or the Obligations and exchange, enforce, waive and release any such security, (ii) apply such security and direct the order or manner of sale thereof as they the Required Holders in their sole discretion may determine and (iii) release or substitute any one or more endorsees, other guarantors or other obligors or any collateral. The Administrative Agent, the Collateral Agent, and the other Secured Parties Required Holders may, at their election, foreclose on any security held by one or more of them by one or more judicial or non-judicial sales, or exercise any other right or remedy available to them against the Borrowers Issuer or any guarantor, or any security, without affecting or impairing in any way the liability of the Guarantor hereunder except to the extent that the Obligations have been fully, finally and indefeasibly paid in cash. The Guarantor waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of the Guarantor against the Borrowers Issuer or any other guarantor, as the case may be, or any security.

Appears in 2 contracts

Samples: Parent Guarantee Agreement (DREW INDUSTRIES Inc), Parent Guarantee Agreement (Drew Industries Inc)

Security; Waiver. The Guarantor Each of the Guarantors authorizes the Administrative Agent, the Collateral Agent, and each of the other Secured Parties to (i) take and hold security for the payment of this guarantee and/or the Obligations and exchange, enforce, waive and release any such security, (ii) apply such security and direct the order or manner of sale thereof as they in their sole discretion may determine and (iii) release or substitute any one or more endorsees, other guarantors or other obligors or any collateral. The Administrative Agent, the Collateral Agent, and the other Secured Parties may, at their election, foreclose on any security held by one or more of them by one or more judicial or non-judicial sales, or exercise any other right or remedy available to them against the Borrowers or any guarantorGuarantor, or any security, without affecting or impairing in any way the liability of the Guarantor Guarantors hereunder except to the extent that the Obligations have been fully, finally and indefeasibly paid in cash. The Guarantor Each of the Guarantors waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of the such Guarantor against the Borrowers or any other guarantorGuarantor, as the case may be, or any security.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (Drew Industries Inc), Credit Agreement (Drew Industries Incorporated)

Security; Waiver. The Guarantor Each of the Guarantors authorizes the Administrative Agent, the Collateral Agent, and each of the other Secured Parties to (i) take and hold security for the payment of this guarantee and/or the Obligations and exchange, enforce, waive and release any such security, (ii) apply such security and direct the order or manner of sale thereof as they the Required Holders in their sole discretion may determine and (iii) release or substitute any one or more endorsees, other guarantors or other obligors or any collateral. The Administrative Agent, the Collateral Agent, and the other Secured Parties Required Holders may, at their election, foreclose on any security held by one or more of them by one or more judicial or non-judicial sales, or exercise any other right or remedy available to them against the Borrowers Issuer or any guarantorGuarantor, or any security, without affecting or impairing in any way the liability of the Guarantor Guarantors hereunder except to the extent that the Obligations have been fully, finally and indefeasibly paid in cash. The Guarantor Each of the Guarantors waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of the such Guarantor against the Borrowers Issuer or any other guarantorGuarantor, as the case may be, or any security.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (DREW INDUSTRIES Inc), Subsidiary Guarantee Agreement (Drew Industries Inc)

Security; Waiver. The Guarantor Each of the Guarantors authorizes the Administrative Agent, the Collateral Agent, and each of the other Secured Parties to (i) take and hold security for the payment of this guarantee and/or the Obligations and exchange, enforce, waive and release any such security, (ii) apply such security and direct the order or manner of sale thereof as they in their sole discretion may determine and (iii) release or substitute any one or more endorsees, other guarantors or other obligors or any collateral. The Administrative Agent, the Collateral Agent, and the other Secured Parties may, at their election, foreclose on any security held by one or more of them by one or more judicial or non-non judicial sales, or exercise any other right or remedy available to them against the Borrowers or any guarantorGuarantor, or any security, without affecting or impairing in any way the liability of the Guarantor Guarantors hereunder except to the extent that the Obligations have been fully, finally and indefeasibly paid in cash. The Guarantor Each of the Guarantors waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of the such Guarantor against the Borrowers or any other guarantorGuarantor, as the case may be, or any security.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (DREW INDUSTRIES Inc)

Security; Waiver. The Guarantor Each of the Guarantors authorizes the Administrative Agent, the Collateral Agent, the Special Collateral Agent and each of the other Secured Parties to (i) take and hold security for the payment of this guarantee and/or the Obligations and exchange, enforce, waive and release any such security, (ii) apply such security and direct the order or manner of sale thereof as they in their sole discretion may determine and (iii) release or substitute any one or more endorsees, other guarantors or other obligors or any collateral. The Administrative Agent, the Collateral Agent, the Special Collateral Agent, and the other Secured Parties may, at their election, foreclose on any security held by one or more of them by one or more judicial or non-judicial sales, or exercise any other right or remedy available to them against the Borrowers or any guarantorGuarantor, or any security, without affecting or impairing in any way the liability of the Guarantor Guarantors hereunder except to the extent that the Obligations have been fully, finally and indefeasibly paid in cash. The Guarantor Each of the Guarantors waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of the such Guarantor against the Borrowers or any other guarantorGuarantor, as the case may be, or any security.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Drew Industries Incorporated)

Security; Waiver. The Guarantor authorizes the Administrative Agent, the Collateral Agent, the Special Collateral Agent and each of the other Secured Parties to (i) take and hold security for the payment of this guarantee and/or the Obligations and exchange, enforce, waive and release any such security, (ii) apply such security and direct the order or manner of sale thereof as they in their sole discretion may determine and (iii) release or substitute any one or more endorsees, other guarantors or other obligors or any collateral. The Administrative Agent, the Collateral Agent, the Special Collateral Agent and the other Secured Parties may, at their election, foreclose on any security held by one or more of them by one or more judicial or non-judicial sales, or exercise any other right or remedy available to them against the Borrowers or any guarantor, or any security, without affecting or impairing in any way the liability of the Guarantor hereunder except to the extent that the Obligations have been fully, finally and indefeasibly paid in cash. The Guarantor waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of the Guarantor against the Borrowers or any other guarantor, as the case may be, or any security.

Appears in 1 contract

Samples: Credit Agreement (Drew Industries Incorporated)

Security; Waiver. The Guarantor authorizes the Administrative Agent, the Collateral Agent, and each of the other Secured Parties to (i) take and hold security for the payment of this guarantee and/or the Obligations and exchange, enforce, waive and release any such security, (ii) apply such security and direct the order or manner of sale thereof as they in their sole discretion may determine and (iii) release or substitute any one or more endorsees, other guarantors or other obligors or any collateral. The Administrative Agent, the Collateral Agent, and the other Secured Parties may, at their election, foreclose on any security held by one or more of them by one or more judicial or non-judicial sales, or exercise any other right or remedy available to them against the Borrowers Borrower or any guarantor, or any security, without affecting or impairing in any way the liability of the Guarantor hereunder except to the extent that the Obligations have been fully, finally and indefeasibly paid in cash. The Guarantor waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of the Guarantor against the Borrowers or any other guarantor, as the case may be, or any security.

Appears in 1 contract

Samples: Company Guarantee (Drew Industries Inc)

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Security; Waiver. The Guarantor Each of the Guarantors authorizes the Administrative Agent, the Collateral Agent, and each of the other Secured Parties to (i) take and hold security for the payment of this guarantee and/or the Obligations and exchange, enforce, waive and release any such security, (ii) apply such security and direct the order or manner of sale thereof as they in their sole discretion may determine and (iii) release or substitute any one or more endorsees, other guarantors or other obligors or any collateral. The Administrative Agent, the Collateral Agent, and the other Secured Parties may, at their election, foreclose on any security held by one or more of them by one or more judicial or non-judicial sales, or exercise any other right or remedy available to them against the Borrowers or any guarantorGuarantor, or any security, without affecting or impairing in any way the liability of the Guarantor Guarantors hereunder except to the extent that the Obligations have been fully, finally and indefeasibly paid in cash. The Guarantor Each of the Guarantors waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of the such Guarantor against the Borrowers or any other guarantorGuarantor, as the case may be, or any security. Section 2.04.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Drew Industries Inc)

Security; Waiver. The Guarantor Each of the Guarantors authorizes the Administrative Agent, the Collateral Agent, and each of the other Secured Parties to (i) take and hold security for the payment of this guarantee and/or the Obligations and exchange, enforce, waive and release any such security, (ii) apply such security and direct the order or manner of sale thereof as they the Required Holders in their sole discretion may determine and (iii) release or substitute any one or more endorsees, other guarantors or other obligors or any collateral. The Administrative Agent, the Collateral Agent, and the other Secured Parties Required Holders may, at their election, foreclose on any security held by one or more of them by one or more judicial or non-judicial sales, or exercise any other right or remedy available to them against the Borrowers Co-Issuers or any guarantorGuarantor, or any security, without affecting or impairing in any way the liability of the Guarantor Guarantors hereunder except to the extent that the Obligations have been fully, finally and indefeasibly paid in cash. The Guarantor Each of the Guarantors waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of the such Guarantor against the Borrowers Co-Issuers or any other guarantorGuarantor, as the case may be, or any security. Section 2.04.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement                 subsidiary Guarantee Agreement (Drew Industries Inc)

Security; Waiver. The Guarantor authorizes the Administrative Agent, the Collateral Agent, and each of the other Secured Parties to (i) take and hold security for the payment of this guarantee and/or the Obligations and exchange, enforce, waive and release any such security, (ii) apply such security and direct the order or manner of sale thereof as they the Required Holders in their sole discretion may determine and (iii) release or substitute any one or more endorsees, other guarantors or other obligors or any collateral. The Administrative Agent, the Collateral Agent, and the other Secured Parties Required Holders may, at their election, foreclose on any security held by one or more of them by one or more judicial or non-judicial sales, or exercise any other right or remedy available to them against the Borrowers Co-Issuers or any guarantor, or any security, without affecting or impairing in any way the liability of the Guarantor hereunder except to the extent that the Obligations have been fully, finally and indefeasibly paid in cash. The Guarantor waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of the Guarantor against the Borrowers Co-Issuers or any other guarantor, as the case may be, or any security. Section 2.04.

Appears in 1 contract

Samples: Parent Guarantee Agreement                                 parent Guarantee Agreement (Drew Industries Inc)

Security; Waiver. The Guarantor authorizes the Administrative Agent, the Collateral Agent, and each of the other Secured Parties to (i) take and hold security for the payment of this guarantee and/or the Obligations and exchange, enforce, waive and release any such security, (ii) apply such security and direct the order or manner of sale thereof as they in their sole discretion may determine and (iii) release or substitute any one or more endorsees, other guarantors or other obligors or any collateral. The Administrative Agent, the Collateral Agent, and the other Secured Parties may, at their election, foreclose on any security held by one or more of them by one or more judicial or non-judicial sales, or exercise any other right or remedy available to them against the Borrowers or any guarantor, or any security, without affecting or impairing in any way the liability of the Guarantor hereunder except to the extent that the Obligations have been fully, finally and indefeasibly paid in cash. The Guarantor waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of the Guarantor against the Borrowers or any other guarantor, as the case may be, or any security. Section 2.04.

Appears in 1 contract

Samples: Company Guarantee Agreement (Drew Industries Inc)

Security; Waiver. The Guarantor Each of the Guarantors authorizes the Administrative Agent, the Collateral Agent, and each of the other Secured Parties to (i) take and hold security for the payment of this guarantee and/or the Obligations and exchange, enforce, waive and release any such security, (ii) apply such security and direct the order or manner of sale thereof as they in their sole discretion may determine and (iii) release or substitute any one or more endorsees, other guarantors or other obligors or any collateral. The Administrative Agent, the Collateral Agent, and the other Secured Parties may, at their election, foreclose on any security held by one or more of them by one or more judicial or non-judicial sales, or exercise any other right or remedy available to them against the Borrowers Borrower or any guarantorGuarantor, or any security, without affecting or impairing in any way the liability of the Guarantor Guarantors hereunder except to the extent that the Obligations have been fully, finally and indefeasibly paid in cash. The Guarantor Each of the Guarantors waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of the such Guarantor against the Borrowers Borrower or any other guarantorGuarantor, as the case may be, or any security.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Drew Industries Inc)

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