Subsequent Acts by Lender. Lender may, in its sole discretion and without notice to Guarantor, take any action which might otherwise be deemed a legal or equitable release or discharge of Guarantor's obligations hereunder without either impairing or affecting the liability of Guarantor for payment of the Guaranty Obligations (but in no event shall Lender collect more than the aggregate amount of the Guaranty Obligations), which actions might include, by way of illustration and not limitation: (a) at any time or from time to time, the time for Borrower's performance of or compliance with any provision of the Loan Documents may be extended or such performance or compliance may be waived by Lender; (b) the acceptance of partial payment of the Guaranty Obligations; (c) any of the acts permitted in the Loan Documents may be performed; (d) the Loan Documents may from time to time be amended and/or renewed by Borrower and Lender for the purpose of adding any provisions thereto or changing in any manner the rights of Lender or of Borrower thereunder; (e) the maturity date of the Note may be changed or renewed in whole or in part; (f) the maturity of the Note may be accelerated in accordance with the terms of the Loan Documents or any future agreement between Borrower and Lender or the holder of such Note; (g) any collateral security for all or any part of the Guaranty Obligations may be exchanged, released, compromised, consolidated, surrendered or otherwise dealt with, and Lender's interest therein may be released and may or may not be perfected; (h) the settlement, release, compounding, compromise, cancellation, rearrangement or consolidation of any of the Guaranty Obligations; (i) the collection of or other liquidation of any claims Lender may have in respect to the Guaranty Obligations; (j) the granting of indulgences, forbearance, compromises, extensions or adjustments in respect to any covenant or agreement under the Loan Documents; and/or (k) the release from liability of any Guarantor and/or any additional parties who may guarantee payment of the Guaranty Obligations or any portion thereof.
Appears in 3 contracts
Samples: Payment and Performance Guaranty Agreement (Advocat Inc), Guaranty Agreement (Advocat Inc), Guaranty Agreement (Advocat Inc)
Subsequent Acts by Lender. Lender may, in its sole discretion and without notice to Guarantornotice, take or refrain from taking any action which that might otherwise be deemed a legal or equitable release or discharge of Guarantor's ’s obligations hereunder under this Guaranty, without either impairing or affecting the liability of Guarantor for the full, timely and complete payment of the Guaranty Obligations (but in no event shall Lender collect more than the aggregate amount of the Guaranty Guaranteed Obligations), which actions might include, by way of illustration and not limitation:
(a) at the renewal or extension of any time of the Guaranteed Obligations or from time to timeany payments thereunder, or the acceleration or change of time for Borrower's performance of or compliance with any provision payment of the Loan Documents may be extended Guaranteed Obligations any increase in the principal amount of any promissory note or such performance or compliance may be waived by Lenderother instrument comprising a part of the Guaranteed Obligations and/or any additional funds advanced under the Guaranteed Obligations;
(b) the acceptance of partial payment modification, amendment or change in any of the Guaranty Obligationsterms relating to any promissory note or other agreement, document or instrument now or hereafter executed by Borrower in favor of Lender, including, without limitation, the Note and the other Loan Documents;
(c) the absence of any of attempt to collect the acts permitted in Guaranteed Obligations from Borrower or any other person or entity primarily or secondarily liable for the Loan Documents may be performedGuaranteed Obligations or any other action to enforce Lender’s rights with respect to the Guaranteed Obligations;
(d) the waiver, consent, or delay in enforcement by Lender with respect to any provision of any instrument evidencing the Guaranteed Obligations, including, without limitation, the Note and the other Loan Documents may from time to time be amended and/or renewed by Borrower and Lender for the purpose of adding any provisions thereto or changing in any manner the rights of Lender or of Borrower thereunderDocuments;
(e) any failure by Lender to take any steps to perfect and maintain its security interest in, or to preserve its rights to, any security or collateral given for the maturity date Guaranteed Obligations, or the release or compromise of any lien or security held by Lender as security for the Note may be changed or renewed in whole or in partGuaranteed Obligations;
(f) the maturity compounding, rearrangement or consolidation by Lender of the Note may be accelerated in accordance with the terms of the Loan Documents or any future agreement between Borrower and Lender or the holder of such Note;
(g) any collateral security for all or any part of the Guaranty Guaranteed Obligations;
(g) the release from liability of Borrower or any other guarantor or person or entity primarily or secondary liable for the Guaranteed Obligations who may be exchanged, released, compromised, consolidated, surrendered guarantee or otherwise dealt with, and Lender's interest therein may be released and may provide security for the Guaranteed Obligations in whole or may not be perfected;in part; or
(h) the settlement, release, compounding, compromise, cancellation, rearrangement compromise or consolidation cancellation of all or any part of the Guaranty Guaranteed Obligations;
(i) , or the collection acceptance of or other liquidation of any claims Lender may have in respect to the Guaranty Obligations;
(j) the granting of indulgences, forbearance, compromises, extensions or adjustments in respect to any covenant or agreement under the Loan Documents; and/or
(k) the release from liability of any Guarantor and/or any additional parties who may guarantee partial payment of the Guaranty Obligations all or any portion thereofpart of the Guaranteed Obligations.
Appears in 1 contract
Samples: Continuing Unconditional Guaranty (United Development Funding III, LP)
Subsequent Acts by Lender. Lender may, in its sole discretion and without notice to Guarantor, take any action which might otherwise be deemed a legal or equitable release or discharge of Guarantor's ’s obligations hereunder without either impairing or affecting the liability of Guarantor for payment of the Guaranty Obligations (but in no event shall Lender collect more than the aggregate amount of the Guaranty Obligations), which actions might include, by way of illustration and not limitation:
(a) at any time or from time to time, the time for Borrower's Borrowers’ performance of or compliance with any provision of the Loan Documents may be extended or such performance or compliance may be waived by Lender;
(b) the acceptance of partial payment of the Guaranty Obligations;
(c) any of the acts permitted in the Loan Documents may be performed;
(d) the Loan Documents may from time to time be amended and/or renewed by Borrower Borrowers and Lender for the purpose of adding any provisions thereto or changing in any manner the rights of Lender or of Borrower Borrowers thereunder;
(e) the maturity date of the Note may be changed or renewed in whole or in part;
(f) the maturity of the Note may be accelerated in accordance with the terms of the Loan Documents or any future agreement between Borrower Borrowers and Lender or the holder of such Note;
(g) any collateral security for all or any part of the Guaranty Obligations may be exchanged, released, compromised, consolidated, surrendered or otherwise dealt with, and Lender's ’s interest therein may be released and may or may not be perfected;
(h) the settlement, release, compounding, compromise, cancellation, rearrangement or consolidation of any of the Guaranty Obligations;
(i) the collection of or other liquidation of any claims Lender may have in respect to the Guaranty Obligations;
(j) the granting of indulgences, forbearance, compromises, extensions or adjustments in respect to any covenant or agreement under the Loan Documents; and/or
(k) the release from liability of any Guarantor and/or any additional parties who may guarantee payment of the Guaranty Obligations or any portion thereof.
Appears in 1 contract
Samples: Payment and Performance Guaranty Agreement (Advocat Inc)
Subsequent Acts by Lender. Lender may, in its sole discretion and without notice to Guarantor, take any action which might otherwise be deemed a legal or equitable release or discharge of Guarantor's obligations hereunder without either impairing or affecting the liability of Guarantor for payment of the Guaranty Obligations (but in no event shall Lender collect more than the aggregate amount of the Guaranty Obligations), which actions might include, by way of illustration and not limitation:
(a) 66.1 at any time or from time to time, the time for Borrower's performance of or compliance with any provision of the Loan Documents may be extended or such performance or compliance may be waived by Lender;
(b) 66.2 the acceptance of partial payment of the Guaranty Obligations;
(c) 66.3 any of the acts permitted in the Loan Documents may be performed;
(d) 66.4 the Loan Documents may from time to time be amended and/or renewed by Borrower and Lender for the purpose of adding any provisions thereto or changing in any manner the rights of Lender or of Borrower thereunder;
(e) 66.5 the maturity date of the Note may be changed or renewed in whole or in part;
(f) 66.6 the maturity of the Note may be accelerated in accordance with the terms of the Loan Documents or any future agreement between Borrower and Lender or the holder of such Note;
(g) 66.7 any collateral security for all or any part of the Guaranty Obligations may be exchanged, released, compromised, consolidated, surrendered or otherwise dealt with, and Lender's interest therein may be released and may or may not be perfected;
(h) 66.8 the settlement, release, compounding, compromise, cancellation, rearrangement or consolidation of any of the Guaranty Obligations;
(i) 66.9 the collection of or other liquidation of any claims Lender may have in respect to the Guaranty Obligations;
(j) 66.10 the granting of indulgences, forbearance, compromises, extensions or adjustments in respect to any covenant or agreement under the Loan Documents; and/or
(k) 66.11 the release from liability of any Guarantor and/or any additional parties who may guarantee payment of the Guaranty Obligations or any portion thereof.
Appears in 1 contract
Samples: Payment and Performance Guaranty Agreement (Arv Assisted Living Inc)
Subsequent Acts by Lender. Lender may, in its sole discretion and without notice to Guarantornotice, take or refrain from taking any action which that might otherwise be deemed a legal or equitable release or discharge of Guarantor's Guarantors’ obligations hereunder under this Guaranty, without either impairing or affecting the joint and several liability of Guarantor Guarantors for the full, timely and complete payment of the Guaranty Obligations (but in no event shall Lender collect more than the aggregate amount of the Guaranty Guaranteed Obligations), which actions might include, by way of illustration and not limitation:
(a) at the renewal or extension of any time of the Guaranteed Obligations or from time to timeany payments thereunder, or the acceleration or change of time for Borrower's performance of or compliance with any provision payment of the Loan Documents may be extended Guaranteed Obligations, any increase in the principal amount of any promissory note or such performance or compliance may be waived by Lenderother instrument comprising a part of the Guaranteed Obligations, and/or any additional funds advanced under the Guaranteed Obligations;
(b) the acceptance of partial payment modification, amendment or change in any of the Guaranty Obligationsterms relating to any promissory note or other agreement, document or instrument now or hereafter executed by any Borrower in favor of Lender, including, without limitation, the Note and the other Loan Documents;
(c) the absence of any of attempt to collect the acts permitted in Guaranteed Obligations from Borrowers or any other person or entity primarily or secondarily liable for the Loan Documents may be performedGuaranteed Obligations or any other action to enforce Lender’s rights with respect to the Guaranteed Obligations;
(d) the Loan Documents may from time waiver, consent, or delay in enforcement by Lender with respect to time be amended and/or renewed by Borrower and Lender for any provision of any instrument evidencing the purpose of adding any provisions thereto or changing in any manner the rights of Lender or of Borrower thereunderGuaranteed Obligations;
(e) any failure by Lender to take any steps to perfect and maintain its security interest in, or to preserve its rights to, any security or collateral given for the maturity date Guaranteed Obligations, or the release or compromise of any lien or security held by Lender as security for the Note may be changed or renewed in whole or in partGuaranteed Obligations;
(f) the maturity compounding, rearrangement or consolidation by Lender of the Note may be accelerated in accordance with the terms of the Loan Documents or any future agreement between Borrower and Lender or the holder of such Note;
(g) any collateral security for all or any part of the Guaranty Guaranteed Obligations;
(g) the release from liability of Borrowers or any other guarantor or person or entity primarily or secondary liable for the Guaranteed Obligations who may be exchanged, released, compromised, consolidated, surrendered guarantee or otherwise dealt with, and Lender's interest therein may be released and may provide security for the Guaranteed Obligations in whole or may not be perfected;in part; or
(h) the settlement, release, compounding, compromise, cancellation, rearrangement compromise or consolidation cancellation of all or any part of the Guaranty Guaranteed Obligations;
(i) , or the collection acceptance of or other liquidation of any claims Lender may have in respect to the Guaranty Obligations;
(j) the granting of indulgences, forbearance, compromises, extensions or adjustments in respect to any covenant or agreement under the Loan Documents; and/or
(k) the release from liability of any Guarantor and/or any additional parties who may guarantee partial payment of the Guaranty Obligations all or any portion thereofpart of the Guaranteed Obligations.
Appears in 1 contract
Samples: Continuing Unconditional Guaranty (United Development Funding III, LP)
Subsequent Acts by Lender. Lender may, in its sole discretion and without notice to Guarantor, take any action which might otherwise be deemed a legal or equitable release or discharge of Guarantor's obligations hereunder without either impairing or affecting the liability of Guarantor for payment of the Guaranty Obligations (but in no event shall Lender collect more than the aggregate amount of the Guaranty Obligations), which actions might include, by way of illustration and not limitation:
(a) at any time or from time to time, the time for Borrower's and/or Owner's performance of or compliance with any provision of the Loan Documents may be extended or such performance or compliance may be waived by Lender;
(b) the acceptance of partial payment of the Guaranty Obligations;
(c) any of the acts permitted in the Loan Documents may be performed;
(d) the Loan Documents may from time to time be amended and/or renewed by Borrower and/or Owner and Lender for the purpose of adding any provisions thereto or changing in any manner the rights of Lender or of Borrower and/or Owner thereunder;
(e) the maturity date of the Note may be changed or renewed in whole or in part;
(f) the maturity of the Note may be accelerated in accordance with the terms of the Loan Documents or any future agreement between Borrower and/or Owner and Lender or the holder of such Note;
(g) any collateral security for all or any part of the Guaranty Obligations may be exchanged, released, compromised, consolidated, surrendered or otherwise dealt with, and Lender's interest therein may be released and may or may not be perfected;
(h) the settlement, release, compounding, compromise, cancellation, rearrangement or consolidation of any of the Guaranty Obligations;
(i) the collection of or other liquidation of any claims Lender may have in respect to the Guaranty Obligations;
(j) the granting of indulgences, forbearance, compromises, extensions or adjustments in respect to any covenant or agreement under the Loan Documents; and/or
(k) the release from liability of any other Guarantor and/or any additional parties who may guarantee payment of the Guaranty Obligations or any portion thereof.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Capital Senior Living Corp)
Subsequent Acts by Lender. Lender may, in its sole discretion and without notice to Guarantor, take any action which might otherwise be deemed a legal or equitable release or discharge of Guarantor's ’s obligations hereunder without either impairing or affecting the liability of Guarantor for payment of the Guaranty Obligations (but in no event shall Lender collect more than the aggregate amount of the Guaranty Guaranteed Obligations), which actions might include, by way of illustration and not limitation:
(a) at any time or from time to time, the time for Borrower's ’s performance of or compliance with any provision of the Loan Note, the Security Instrument, or the Other Security Documents may be extended or such performance or compliance may be waived by Lender;
(b) the acceptance of partial payment of the Guaranty Guaranteed Obligations;
(c) any of the acts permitted in the Loan Note, the Security Instrument, or the Other Security Documents may be performed;
(d) the Loan Note, the Security Instrument, or the Other Security Documents may from time to time be amended and/or renewed by Borrower and Lender for the purpose of adding any provisions thereto or changing in any manner the rights of Lender or of Borrower thereunder;
(e) the maturity date of the Note may be changed changed, extended or renewed in whole or in part;
(f) the maturity of the Note may be accelerated in accordance with the terms of the Loan Note, the Security Instrument, or the Other Security Documents or any future agreement between Borrower and Lender or the holder of such Note;
(g) any collateral security for all or any part of the Guaranty Guaranteed Obligations may be exchanged, released, compromised, consolidated, surrendered or otherwise dealt with, and Lender's ’s interest therein may be released and may or may not be perfected;
(h) the settlement, release, compounding, compromise, cancellation, rearrangement or consolidation of any of the Guaranty Guaranteed Obligations;
(i) the collection of or other liquidation of any claims Lender may have in respect to the Guaranty Guaranteed Obligations;
(j) the granting of indulgences, forbearance, compromises, extensions or adjustments in respect to any covenant or agreement under the Loan Note, the Security Instrument, or the Other Security Documents; and/or
(k) the release from liability of any Guarantor and/or any additional parties who may guarantee payment of the Guaranty Guaranteed Obligations or any portion thereof.
Appears in 1 contract
Samples: Operating Deficit Guaranty Agreement (American Retirement Corp)
Subsequent Acts by Lender. Lender may, in its sole discretion and without notice to Guarantor, take any action which might otherwise be deemed a legal or equitable release or discharge of Guarantor's obligations hereunder without either impairing or affecting the liability of Guarantor for payment of the Guaranty Obligations (but in no event shall Lender collect more than the aggregate amount of the Guaranty Obligations), which actions might include, by way of illustration and not limitation:
(a) at any time or from time to time, the time for Borrower's and/or Mortgagor's performance of or compliance with any provision of the Loan Documents may be extended or such performance or compliance may be waived by Lender;
(b) the acceptance of partial payment of the Guaranty Obligations;
(c) any of the acts permitted in the Loan Documents may be performed;
(d) the Loan Documents may from time to time be amended and/or renewed by Borrower and/or Mortgagor and Lender for the purpose of adding any provisions thereto or changing in any manner the rights of Lender or of Borrower and/or Mortgagor thereunder;
(e) the maturity date of the Note may be changed or renewed in whole or in part;
(f) the maturity of the Note may be accelerated in accordance with the terms of the Loan Documents or any future agreement between Borrower and/or Mortgagor and Lender or the holder of such Note;
(g) any collateral security for all or any part of the Guaranty Obligations may be exchanged, released, compromised, consolidated, surrendered or otherwise dealt with, and Lender's interest therein may be released and may or may not be perfected;
(h) the settlement, release, compounding, compromise, cancellation, rearrangement or consolidation of any of the Guaranty Obligations;
(i) the collection of or other liquidation of any claims Lender may have in respect to the Guaranty Obligations;
(j) the granting of indulgences, forbearance, compromises, extensions or adjustments in respect to any covenant or agreement under the Loan Documents; and/or
(k) the release from liability of any other Guarantor and/or any additional parties who may guarantee payment of the Guaranty Obligations or any portion thereof.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Capital Senior Living Corp)
Subsequent Acts by Lender. Lender may, in its sole discretion and without notice to Guarantornotice, take or refrain from taking any action which that might otherwise be deemed a legal or equitable release or discharge of Guarantor's ’s obligations hereunder under this Guaranty, without either impairing or affecting the liability of Guarantor for the full, timely and complete payment of the Guaranty Obligations (but in no event shall Lender collect more than the aggregate amount of the Guaranty Guaranteed Obligations), which actions might include, by way of illustration and not limitation:
(a) at the renewal or extension of any time of the Guaranteed Obligations or from time to timeany payments thereunder, or the acceleration or change of time for Borrower's performance of or compliance with any provision payment of the Loan Documents may be extended Guaranteed Obligations any increase in the principal amount of any promissory note or other instrument comprising a part of the Guaranteed Obligations and/or any additional funds advanced under the Guaranteed Obligations (including any such performance or compliance may be waived by Lenderadvances in excess of the face amount of the Note);
(b) the acceptance of partial payment modification, amendment or change in any of the Guaranty Obligationsterms relating to any promissory note or other agreement, document or instrument now or hereafter executed by Borrower in favor of Lender;
(c) the absence of any of attempt to collect the acts permitted in Guaranteed Obligations from Borrower or any other person or entity primarily or secondarily liable for the Loan Documents may be performedGuaranteed Obligations or any other action to enforce Lender’s rights with respect to the Guaranteed Obligations;
(d) the waiver, consent, or delay in enforcement by Lender with respect to any provision of any instrument evidencing the Guaranteed Obligations, including, without limitation, the Note and the other Loan Documents may from time to time be amended and/or renewed by Borrower and Lender for the purpose of adding any provisions thereto or changing in any manner the rights of Lender or of Borrower thereunderDocuments;
(e) any failure by Lender to take any steps to perfect and maintain its security interest in, or to preserve its rights to, any security or collateral given for the maturity date Guaranteed Obligations, or the release or compromise of any lien or security held by Lender as security for the Note may be changed or renewed in whole or in partGuaranteed Obligations;
(f) the maturity compounding, rearrangement or consolidation by Lender of the Note may be accelerated in accordance with the terms of the Loan Documents or any future agreement between Borrower and Lender or the holder of such Note;
(g) any collateral security for all or any part of the Guaranty Guaranteed Obligations;
(g) the release from liability of Borrower or any other guarantor or person or entity primarily or secondary liable for the Guaranteed Obligations who may be exchanged, released, compromised, consolidated, surrendered guarantee or otherwise dealt with, and Lender's interest therein may be released and may provide security for the Guaranteed Obligations in whole or may not be perfected;in part; or
(h) the settlement, release, compounding, compromise, cancellation, rearrangement compromise or consolidation cancellation of all or any part of the Guaranty Guaranteed Obligations;
(i) , or the collection acceptance of or other liquidation of any claims Lender may have in respect to the Guaranty Obligations;
(j) the granting of indulgences, forbearance, compromises, extensions or adjustments in respect to any covenant or agreement under the Loan Documents; and/or
(k) the release from liability of any Guarantor and/or any additional parties who may guarantee partial payment of the Guaranty Obligations all or any portion thereofpart of the Guaranteed Obligations.
Appears in 1 contract
Samples: Continuing Unconditional Guaranty (United Development Funding III, LP)
Subsequent Acts by Lender. Lender may, in its sole discretion and without notice to Guarantornotice, take or refrain from taking any action which that might otherwise be deemed a legal or equitable release or discharge of Guarantor's ’s obligations hereunder under this Guaranty, without either impairing or affecting the joint and several liability of Guarantor for the full, timely and complete payment of the Guaranty Obligations (but in no event shall Lender collect more than the aggregate amount of the Guaranty Guaranteed Obligations), which actions might include, by way of illustration and not limitation:
(a) at the renewal or extension of any time of the Guaranteed Obligations or from time to timeany payments thereunder, or the acceleration or change of time for Borrower's performance of or compliance with any provision payment of the Loan Documents may be extended Guaranteed Obligations, any increase in the principal amount of any promissory note or such performance or compliance may be waived by Lenderother instrument comprising a part of the Guaranteed Obligations and/or any additional funds advanced under the Guaranteed Obligations;
(b) the acceptance of partial payment modification, amendment or change in any of the Guaranty Obligationsterms relating to any promissory note or other agreement, document or instrument executed by Borrower at any time in the past, present or future in favor of Lender, including, without limitation, the Note and the other Loan Documents;
(c) the absence of any of attempt to collect the acts permitted in Guaranteed Obligations from Borrower or any other person or entity primarily or secondarily liable for the Loan Documents may be performedGuaranteed Obligations or any other action to enforce Lender's rights with respect to the Guaranteed Obligations;
(d) the waiver, consent, or delay in enforcement by Lender with respect to any provision of any instrument evidencing the Guaranteed Obligations, including, without limitation, the Note and the other Loan Documents may from time to time be amended and/or renewed by Borrower and Lender for the purpose of adding any provisions thereto or changing in any manner the rights of Lender or of Borrower thereunderDocuments;
(e) any failure by Lender to take any steps to perfect and maintain its security interest in, or to preserve its rights to, any security or collateral given for the maturity date Guaranteed Obligations, or the release or compromise of any lien or security held by Lender as security for the Note may be changed or renewed in whole or in partGuaranteed Obligations;
(f) the maturity compounding, rearrangement or consolidation by Lender of the Note may be accelerated in accordance with the terms of the Loan Documents or any future agreement between Borrower and Lender or the holder of such Note;
(g) any collateral security for all or any part of the Guaranty Guaranteed Obligations;
(g) the release from liability of Borrower or any other guarantor or person or entity primarily or secondary liable for the Guaranteed Obligations who may be exchanged, released, compromised, consolidated, surrendered guarantee or otherwise dealt with, and Lender's interest therein may be released and may provide security for the Guaranteed Obligations in whole or may not be perfected;in part; or
(h) the settlement, release, compounding, compromise, cancellation, rearrangement compromise or consolidation cancellation of all or any part of the Guaranty Guaranteed Obligations;
(i) , or the collection acceptance of or other liquidation of any claims Lender may have in respect to the Guaranty Obligations;
(j) the granting of indulgences, forbearance, compromises, extensions or adjustments in respect to any covenant or agreement under the Loan Documents; and/or
(k) the release from liability of any Guarantor and/or any additional parties who may guarantee partial payment of the Guaranty Obligations all or any portion thereofpart of the Guaranteed Obligations.
Appears in 1 contract
Samples: Continuing Unconditional Guaranty (United Development Funding III, LP)
Subsequent Acts by Lender. Lender may, in its sole discretion and without notice to Guarantornotice, take or refrain from taking any action which that might otherwise be deemed a legal or equitable release or discharge of Guarantor's ’s obligations hereunder under this Guaranty without either impairing or affecting the liability of Guarantor for the full, timely and complete payment of the Guaranty Obligations (but in no event shall Lender collect more than the aggregate amount of the Guaranty Guaranteed Obligations), which actions might include, by way of illustration and not limitation:
(a) at the renewal or extension of any time of the Guaranteed Obligations or from time to timeany payments thereunder, or the acceleration or change of time for Borrower's performance of or compliance with any provision payment of the Loan Documents may be extended Guaranteed Obligations, any increase in the principal amount of any promissory note or such performance or compliance may be waived by Lenderother instrument comprising a part of the Guaranteed Obligations and/or any additional funds advanced under the Guaranteed Obligations;
(b) the acceptance of partial payment modification, amendment or change in any of the Guaranty Obligationsterms relating to any promissory note or other agreement, document or instrument executed at any time in the past, present or future in favor of Lender, including, without limitation, the Note;
(c) the absence of any of attempt to collect the acts permitted in Guaranteed Obligations from Debtor or any other person or entity primarily or secondarily liable for the Loan Documents may be performedGuaranteed Obligations or any other action to enforce Lender’ rights with respect to the Guaranteed Obligations;
(d) the Loan Documents may from time waiver, consent, or delay in enforcement by Lender with respect to time be amended and/or renewed by Borrower and Lender for any provision of any instrument evidencing the purpose of adding any provisions thereto or changing in any manner the rights of Lender or of Borrower thereunderGuaranteed Obligations;
(e) any failure by Lender to take any steps to perfect and maintain its security interest in, or to preserve its rights to, any security or collateral given for the maturity date Guaranteed Obligations, or the release or compromise of any lien or security held by Lender as security for the Note may be changed or renewed in whole or in partGuaranteed Obligations;
(f) the maturity compounding, rearrangement or consolidation by Lender of the Note may be accelerated in accordance with the terms of the Loan Documents or any future agreement between Borrower and Lender or the holder of such Note;
(g) any collateral security for all or any part of the Guaranty Guaranteed Obligations;
(g) the release from liability of Debtor or any other guarantor or person or entity primarily or secondary liable for the Guaranteed Obligations who may be exchanged, released, compromised, consolidated, surrendered guarantee or otherwise dealt with, and Lender's interest therein may be released and may provide security for the Guaranteed Obligations in whole or may not be perfected;in part; or
(h) the settlement, release, compounding, compromise, cancellation, rearrangement compromise or consolidation cancellation of all or any part of the Guaranty Guaranteed Obligations;
(i) , or the collection acceptance of or other liquidation of any claims Lender may have in respect to the Guaranty Obligations;
(j) the granting of indulgences, forbearance, compromises, extensions or adjustments in respect to any covenant or agreement under the Loan Documents; and/or
(k) the release from liability of any Guarantor and/or any additional parties who may guarantee partial payment of the Guaranty Obligations all or any portion thereofpart of the Guaranteed Obligations.
Appears in 1 contract
Samples: Limited Guaranty (United Development Funding III, LP)
Subsequent Acts by Lender. Lender may, in its sole discretion and without notice to Guarantor, take any action which might otherwise be deemed a legal or equitable release or discharge of Guarantor's obligations hereunder without either impairing or affecting the liability of Guarantor for payment of the Guaranty Obligations (but in no event shall Lender collect more than the aggregate amount of the Guaranty Obligations), which actions might include, by way of illustration and not limitation:
(a) at any time or from time to time, the time for Borrower's performance of or compliance with any provision of the Loan Documents may be extended or such performance or compliance may be waived by Lender;
(b) the acceptance of partial payment of the Guaranty Obligations;
(c) any of the acts permitted in the Loan Documents may be performed;
(d) the Loan Documents may from time to time be amended and/or renewed by Borrower and Lender for the purpose of adding any provisions thereto or changing in any manner the rights of Lender or of Borrower thereunder;
(e) the maturity date of the Note may be changed or renewed in whole or in part;
(f) the maturity of the Note may be accelerated in accordance with the terms of the Loan Documents or any future agreement between Borrower and Lender or the holder of such Note;
(g) any collateral security for all or any part of the Guaranty Obligations may be exchanged, released, compromised, consolidated, surrendered or otherwise dealt with, and Lender's interest therein may be released and may or may not be perfected;
(h) the settlement, release, compounding, compromise, cancellation, rearrangement or consolidation of any of the Guaranty Obligations;
(i) the collection of or other liquidation of any claims Lender may have in respect to the Guaranty Obligations;
(j) the granting of indulgences, forbearance, compromises, extensions or adjustments in respect to any covenant or agreement under the Loan Documents; and/or
(k) the release from liability of any Guarantor and/or any additional parties who may guarantee payment of the Guaranty Obligations or any portion thereof.
Appears in 1 contract
Samples: Loan Modification Agreement (Capital Senior Living Corp)
Subsequent Acts by Lender. Lender may, in its sole discretion and without notice to Guarantor, take any action which might otherwise be deemed a legal or equitable release or discharge of Guarantor's ’s obligations hereunder without either impairing or affecting the liability of Guarantor for payment of the Guaranty Obligations (but in no event shall Lender collect more than the aggregate amount of the Guaranty Obligations), which actions might include, by way of illustration and not limitation:
(a) : at any time or from time to time, the time for Borrower's ’s performance of or compliance with any provision of the Loan Documents may be extended or such performance or compliance may be waived by Lender;
(b) ; the acceptance of partial payment of the Guaranty Obligations;
(c) ; any of the acts permitted in the Loan Documents may be performed;
(d) ; the Loan Documents may from time to time be amended and/or renewed by Borrower and Lender for the purpose of adding any provisions thereto or changing in any manner the rights of Lender or of Borrower thereunder;
(e) ; the maturity date of the Note may be changed or renewed in whole or in part;
(f) ; the maturity of the Note may be accelerated in accordance with the terms of the Loan Documents or any future agreement between Borrower and Lender or the holder of such Note;
(g) ; any collateral security for all or any part of the Guaranty Obligations may be exchanged, released, compromised, consolidated, surrendered or otherwise dealt with, and Lender's ’s interest therein may be released and may or may not be perfected;
(h) ; the settlement, release, compounding, compromise, cancellation, rearrangement or consolidation of any of the Guaranty Obligations;
(i) ; the collection of or other liquidation of any claims Lender may have in respect to the Guaranty Obligations;
(j) ; the granting of indulgences, forbearance, compromises, extensions or adjustments in respect to any covenant or agreement under the Loan Documents; and/or
(k) and/or the release from liability of any Guarantor and/or any additional parties who may guarantee payment of the Guaranty Obligations or any portion thereof.
Appears in 1 contract
Samples: Payment and Performance Guaranty Agreement (Arv Assisted Living Inc)