Common use of Waiver of Accommodation Party Defenses Clause in Contracts

Waiver of Accommodation Party Defenses. The liability of the Borrower under this Section 3 shall not be affected or impaired in any way by any of the following acts or things (which the Bank is hereby expressly authorized to do, omit or suffer from time to time without notice to or consent of anyone): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any or all of the Subsidiary Obligations; (ii) any extensions or renewal of any Subsidiary Obligations (whether or not for longer than the original period) or any modification of the interest rate, maturity or other terms of any Subsidiary Obligations; (iii) any waiver or indulgence granted to a Subsidiary, and any delay or lack of diligence in the enforcement of any Subsidiary Obligations; (iv) any full or partial release of, compromise or settlement with, or agreement not to sxx, any Subsidiary or any other guarantor or other person liable on any Subsidiary Obligations; (v) any release, surrender, cancellation or other discharge of any Subsidiary Obligations or the acceptance of any instrument in renewal or substitution for any instrument evidencing any Subsidiary Obligations; (vi) any failure to obtain collateral security (including rights of setoff) for any Subsidiary Obligations, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security for any Subsidiary Obligations; (vii) any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral security for any Subsidiary Obligations; (viii) any assignment, sale, pledge or other transfer of any Subsidiary Obligations; or (ix) any manner, order or method of application of any payments or credits on any Subsidiary Obligations. The Borrower waives any and all defenses and discharges available to a surety, guarantor, or accommodation co-obligor, dependent on its character as such.

Waiver of Accommodation Party Defenses. The liability of the Borrower under this Section 3 shall not be affected or impaired in any way by any of the following acts or things (which the Bank is hereby expressly authorized to do, omit or suffer from time to time without notice to or consent of anyone): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any or all of the Insurance Subsidiary Obligations; (ii) any extensions or renewal of any Insurance Subsidiary Obligations (whether or not for longer than the original period) or any modification of the interest rate, maturity or other terms of any Insurance Subsidiary Obligations; (iii) any waiver or indulgence granted to a an Insurance Subsidiary, and any delay or lack of diligence in the enforcement of any Insurance Subsidiary Obligations; (iv) any full or partial release of, compromise or settlement with, or agreement not to sxxxxx, any Insurance Subsidiary or any other guarantor or other person liable on any Insurance Subsidiary Obligations; (v) any release, surrender, cancellation or other discharge of any Insurance Subsidiary Obligations or the acceptance of any instrument in renewal or substitution for any instrument evidencing any Insurance Subsidiary Obligations; (vi) any failure to obtain collateral security (including rights of setoff) for any Insurance Subsidiary Obligations, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security for any Insurance Subsidiary Obligations; (vii) any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral security for any Insurance Subsidiary Obligations; (viii) any assignment, sale, pledge or other transfer of any Insurance Subsidiary Obligations; or (ix) any manner, order or method of application of any payments or credits on any Insurance Subsidiary Obligations. The Borrower waives any and all defenses and discharges available to a surety, guarantor, or accommodation co-obligor, dependent on its character as such.

Waiver of Accommodation Party Defenses. The liability of the Borrower under this Section 3 shall not be affected or impaired in any way by any of the following acts or things (which the Bank is Agent and the Banks are hereby expressly authorized to do, omit or suffer from time to time without notice to or consent of anyone): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any or all of the Subsidiary Seaside Obligations; (ii) any extensions or renewal of any Subsidiary Seaside Obligations (whether or not for longer than the original period) or any modification of the interest rate, maturity or other terms of any Subsidiary Seaside Obligations; (iii) any waiver or indulgence granted to a SubsidiarySeaside, and any delay or lack of diligence in the enforcement of any Subsidiary Seaside Obligations; (iv) any full or partial release of, compromise or settlement with, or agreement not to sxxxxx, any Subsidiary Seaside or any other guarantor or other person liable on any Subsidiary Seaside Obligations; (v) any release, surrender, cancellation or other discharge of any Subsidiary Seaside Obligations or the acceptance of any instrument in renewal or substitution for any instrument evidencing any Subsidiary Seaside Obligations; (vi) any failure to obtain collateral security (including rights of setoff) for any Subsidiary Seaside Obligations, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security for any Subsidiary Seaside Obligations; (vii) any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral security for any Subsidiary Seaside Obligations; (viii) any assignment, sale, pledge or other transfer of any Subsidiary Seaside Obligations; or (ix) any manner, order or method of application of any payments or credits on any Subsidiary Seaside Obligations. The Borrower waives any and all defenses and discharges available to a surety, guarantor, or accommodation co-obligor, dependent on its character as such.

Waiver of Accommodation Party Defenses. Whether or not any existing relationship between the Guarantor and Borrower has been changed or ended, Lender may enter into transactions resulting in the creation or continuance of the Guaranteed Obligations and may otherwise agree, consent to or suffer the creation or continuance of any of the Guaranteed Obligations, without any consent or approval by the Guarantor and without any prior or subsequent notice to the Guarantor. The liability of the Borrower under this Section 3 Guarantor shall not be affected or impaired in any way by any of the following acts or things (which the Bank Lender is hereby expressly authorized to do, omit or suffer from time to time time, both before and after revocation of this Guaranty, without consent or approval by or notice to or consent of anyonethe Guarantor): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any or all of the Subsidiary Guaranteed Obligations; (ii) any one or more extensions or renewal renewals of any Subsidiary the Guaranteed Obligations (whether or not for longer than the original period) or any modification of the interest raterates, maturity maturities or other contractual terms applicable to any of the Guaranteed Obligations or any amendment or modification of any Subsidiary Obligationsof the terms or provisions of the Loan Agreement, any other Loan Documents, or any other agreement under which the Guaranteed Obligations or any part thereof arose; (iii) any waiver or indulgence granted to a SubsidiaryBorrower, and any delay or lack of diligence in the enforcement of the Guaranteed Obligations or any Subsidiary failure to institute proceedings, file a claim, give any required notices or otherwise protect any of the Guaranteed Obligations; (iv) any full or partial release of, compromise or settlement with, or agreement not to sxxxxx, any Subsidiary Borrower or any other guarantor or other person liable on in respect of any Subsidiary of the Guaranteed Obligations; (v) any release, surrender, cancellation or other discharge of any Subsidiary evidence of the Guaranteed Obligations or the acceptance of any instrument in renewal or substitution for any instrument evidencing any Subsidiary Obligationstherefor; (vi) any failure to obtain collateral security (including rights of setoff) for any Subsidiary the Guaranteed Obligations, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security for any Subsidiary Obligationssecurity; (vii) or any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral security for security; (vii) any Subsidiary Obligationscollection, sale, lease or disposition of, or any other foreclosure or enforcement of or realization on, any collateral security; (viii) any assignment, sale, pledge or other transfer of any Subsidiary Obligationsof the Guaranteed Obligations or any evidence thereof; or (ix) any manner, order or method of application of any payments or credits on upon the Guaranteed Obligations; and (x) any Subsidiary Obligationselection by Lender under Section 1111(b) of the United States Bankruptcy Code. The Borrower Guarantor waives any and all defenses and discharges available to a surety, guarantor, guarantor or accommodation co-obligor, dependent on its character as such.

Waiver of Accommodation Party Defenses. Whether or not any existing relationship between the Guarantor and Borrower has been changed or ended, Lender may enter into transactions resulting in the creation or continuance of the Guaranteed Obligations and may otherwise agree, consent to or suffer the creation or continuance of any of the Guaranteed Obligations, without any consent or approval by the Guarantor and without any prior or subsequent notice to the Guarantor. The liability of the Borrower under this Section 3 Guarantor shall not be affected or impaired in any way by any of the following acts or things (which the Bank Lender is hereby expressly authorized to do, omit or suffer from time to time time, both before and after revocation of this Guaranty, without consent or approval by or notice to or consent of anyonethe Guarantor): (i) any acceptance of collateral security, guarantors, accommodation parties or sureties for any or all of the Subsidiary Guaranteed Obligations; (ii) any one or more extensions or renewal renewals of any Subsidiary the Guaranteed Obligations (whether or not for longer than the original period) or any modification of the interest raterates, maturity maturities or other contractual terms applicable to any of the Guaranteed Obligations or any amendment or modification of any Subsidiary Obligationsof the terms or provisions of the Loan Agreement, any other Loan Documents, or any other agreement under which the Guaranteed Obligations or any part thereof arose; (iii) any waiver or indulgence granted to a SubsidiaryBorrower, and any delay or lack of diligence in the enforcement of the Guaranteed Obligations or any Subsidiary failure to institute proceedings, file a claim, give any required notices or otherwise protect any of the Guaranteed Obligations; (iv) any full or partial release of, compromise or settlement with, or agreement not to sxx, any Subsidiary Borrower or any other guarantor or other person liable on in respect of any Subsidiary of the Guaranteed Obligations; (v) any release, surrender, cancellation or other discharge of any Subsidiary evidence of the Guaranteed Obligations or the acceptance of any instrument in renewal or substitution for any instrument evidencing any Subsidiary Obligationstherefor; (vi) any failure to obtain collateral security (including rights of setoff) for any Subsidiary the Guaranteed Obligations, or to see to the proper or sufficient creation and perfection thereof, or to establish the priority thereof, or to preserve, protect, insure, care for, exercise or enforce any collateral security for any Subsidiary Obligationssecurity; (vii) or any modification, alteration, substitution, exchange, surrender, cancellation, termination, release or other change, impairment, limitation, loss or discharge of any collateral security for security; (vii) any Subsidiary Obligationscollection, sale, lease or disposition of, or any other foreclosure or enforcement of or realization on, any collateral security; (viii) any assignment, sale, pledge or other transfer of any Subsidiary Obligationsof the Guaranteed Obligations or any evidence thereof; or (ix) any manner, order or method of application of any payments or credits on upon the Guaranteed Obligations; and (x) any Subsidiary Obligationselection by Lender under Section 1111(b) of the United States Bankruptcy Code. The Borrower Guarantor waives any and all defenses and discharges available to a surety, guarantor, guarantor or accommodation co-obligor, dependent on its character as such.