Subsequent Acts. Any references in this Agreement to any statute shall be deemed to refer to such statute, as amended or replaced from time to time, including by succession of comparable successor statute, and all rules and regulations promulgated thereunder. In the event any index or publication referenced in this Agreement ceases to be published or a concept defined by reference to any such index or publication ceases to exist, each such reference shall be deemed to be a reference to a successor or alternate index, publication or concept reasonably agreed to by the Parties. Unless specified otherwise, a reference to a given agreement or instrument, and all schedules and attachments thereto, shall be a reference to that agreement or instrument as modified, amended, supplemented and restated, and as in effect from time to time.
Subsequent Acts. Guarantor hereby agrees with Lender that (a) the payments called for and provisions contained in the Loan Documents, including specifically (but without limitation) the Note, may be renewed, extended, rearranged, modified, released or canceled, (b) all or any part of any mortgaged property and collateral for the indebtedness may be released from, and any new or additional security may be added to, the lien and security interest of the Loan Documents, (c) any additional parties who may become personally liable for repayment of the Note may hereafter be released from their liability hereunder and thereon and (d) Lender may take, or delay in taking or refuse to take, any and all action with reference to the Note and the other Loan Documents (regardless of whether same might vary the risk or alter the rights, remedies or recourses of Guarantor), including specifically (but without limitation) the settlement or compromise of any amount allegedly due thereunder, all without notice or consideration to or the consent of Guarantor, and no such acts shall in any way release, diminish or affect the absolute nature of Guarantor's obligations and liabilities hereunder. It is the intent of Guarantor and Lender that such obligations and liabilities hereunder are primary, absolute and unconditional under any and all circumstances and that, until the Non-Recourse Carveout Obligations are fully and finally satisfied, such obligations and liabilities shall not be discharged or released, in whole or in part, by any act or occurrence which, but for this PARAGRAPH 4, might be deemed a legal or equitable discharge or release of Guarantor.
Subsequent Acts. Without notice to, consideration to, or the consent of, Guarantor:
(a) the Lease, and Tenant’s rights and obligations thereunder, may be modified, amended, renewed, assigned or sublet;
(b) any additional parties who are or may become liable for the Guaranteed Obligations may hereafter be released from their liability hereunder and thereon; and/or
(c) Landlord may take, or delay in taking or refuse to take, any and all action with reference to the Lease (regardless of whether same might vary the risk or alter the rights, remedies or recourse of Guarantor), including specifically the settlement or compromise of any amount allegedly due thereunder. This Guaranty is a continuing guarantee and will remain in full force and effect notwithstanding the occurrence of any of the foregoing acts and no such act shall in any way release, diminish, or affect the absolute nature of Guarantor’s obligations and liabilities hereunder. Guarantor’s obligations and liabilities under this Guaranty are primary, absolute and unconditional under any and all circumstances and until the Guaranteed Obligations are fully and finally satisfied, such obligations and liabilities shall not be discharged or released, in whole or in part, by any act or occurrence which might, but for this Section 6, be deemed a legal or equitable discharge or release of Guarantor.
Subsequent Acts. The terms and provisions of this Agreement shall not merge with, be extinguished by or otherwise be affected by any subsequent conveyance or instrument by or between the parties hereto unless such instrument shall specifically so state and be signed by the parties hereto.
Subsequent Acts. If the rights or obligations of Baptist under this Agreement are materially adversely affected by (X) any decision by the Company to take or cause the Partnership to take an action described in paragraphs (i) through (viii) of Section 2.3 without the affirmative approval of Baptist, including any action required by the Principal Credit Agreement, other than the granting of a mortgage or collateral security interest in the assets of the Company, (Y) any foreclosure on or transfer of assets that represent 20% or more of the fair value of the assets of the Company or the Partnership as a result of the exercise by the lenders or other "Secured Creditors" (as defined in the Principal Credit Agreement) of their rights under the Principal Credit Agreement, or (Z) any amendment of this Agreement resulting from or arising out of Vanguard's need to consolidate the financial results of the Company or the Partnership with the other financial results of Vanguard, then Baptist may, upon written notice to VHFC, cause VHFC to purchase all Shares owned by Baptist and pay Baptist $358,200 for its Shares.
Subsequent Acts. Without notice to, consideration to, or the consent of, Guarantor:
(a) the Lease, and Tenant's rights thereunder, may be modified, amended, renewed, assigned or sublet;
(b) the Letter of Credit Agreement, and Tenant's rights and obligations thereunder, may be modified, amended, renewed or assigned;
(c) any additional parties who are or may become liable for the Guaranteed Obligations may hereafter be released from their liability hereunder and thereon; and/or
(d) Landlord may take, or delay in taking or refuse to take, any and all action with reference to the Lease or the Letter of Credit Agreement (regardless of whether same might vary the risk or alter the rights, remedies or recourses of any Guarantor), including specifically the settlement or compromise of any amount allegedly due thereunder. No such acts shall in any way release, diminish, or affect the absolute nature of Guarantor's obligations and liabilities hereunder. Guarantor's obligations and liabilities
Subsequent Acts. The parties agree that they will, at any time and from time to time, from and after the execution of this Contract, upon request, perform or cause to be performed such acts, and execute, acknowledge and deliver or cause to be executed, acknowledged and delivered, such documents as may be reasonably required for the performance by the parties of any of their obligations under this Contract.
Subsequent Acts. Without notice to, consideration to, or the consent of, any Guarantor:
(a) the Loan Documents, and Borrower’s rights and obligations thereunder, may be modified, amended, renewed, extended or increased;
(b) any additional parties who are or may become liable for the Guaranteed Obligations may hereafter be released from their liability hereunder and thereon; and/or
(c) Lender may take, or delay in taking or refuse to take, any and all action with reference to the Loan Documents (regardless of whether the same might vary the risk or alter the rights, remedies or recourse of Guarantor), including specifically the settlement or compromise of any amount allegedly due thereunder. No such acts shall in any way release, diminish, or affect the absolute nature of Guarantor’s obligations and liabilities hereunder. Guarantor’s obligations and liabilities under this Guaranty are primary, absolute and unconditional, under any and all circumstances and until the Guaranteed Obligations are fully and finally satisfied, such obligations and liabilities shall not be discharged or released, in whole or in part, by any act or occurrence which might, but for this Section 7, be deemed a legal or equitable discharge or release of Guarantor.
Subsequent Acts. From the Effective Date until the Closing Date or the earlier termination of this Agreement, Seller shall not enter into any easements, encumbrances or other title matters or recordable instrument affecting the Real Property, nor take any other action to cause title to the Real Property to differ from the condition of title existing on the Effective Date, without Purchaser’s consent, which may be granted or withheld in Purchaser’s sole and absolute discretion.
Subsequent Acts. The parties agree to perform the acts necessary and execute the required public or private documents following the execution of this Agreement in order to produce the results contemplated herein, in particular, the transfer of Shares that are the subject of this Agreement. In particular, the Sellers obligate themselves to cause Inversiones LH S.A. to transfer its rights in each one of the Subsidiaries, which transfer will be made in the following proportion: 0.9% for the Company and 0.1% for the Buyer. This transfer shall be made within a reasonable time and no later than two months following the Closing Date.
