Waiver; Subrogation. (a) CSI hereby waives notice of the following events or occurrences: (i) the Lenders heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of Borrower, whether pursuant to this Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (ii) the Benefited Parties or Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this Agreement, the Notes or any other Loan Documents; (iii) presentment, demand, default, non-payment, partial payment and protest; (iv) any Benefited Party heretofore, now or at any time hereafter granting to Borrower (or any other party liable to the Benefited Parties on account of Borrower’s Obligations) or to any other Guarantor any indulgence or extensions of time of payment of Borrower’s Obligations, and (v) any Benefited Party heretofore, now or at any time hereafter accepting from Borrower, any other Guarantor or any other Person, any partial payment or payments on account of Borrower’s Obligations or any collateral securing the payment thereof or Agent settling, subordinating, compromising, discharging or releasing the same. CSI agrees that each Benefited Party may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Party, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI from its Guarantor’s Obligations, and CSI hereby consents to each and all of the foregoing events or occurrences.
Appears in 3 contracts
Samples: Credit Agreement (Cogdell Spencer Inc.), Credit Agreement (Cogdell Spencer Inc.), Credit Agreement (Cogdell Spencer Inc.)
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Agent's acceptance of this Guaranty Agreement; (ii) the Lenders' heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Parties Agent, the Lenders or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Credit Agreement, the Notes or any other Loan Documents; (iiiiv) presentment, demand, default, non-payment, partial payment and protest; (ivv) any Benefited Party the Agent or the Lenders heretofore, now or at any time hereafter granting to the Borrower (or any other party liable to the Benefited Parties Lenders on account of the Borrower’s Obligations's Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of the Borrower’s Obligations, 's Liabilities; and (vvi) any Benefited Party the Agent or the Lenders heretofore, now or at any time hereafter accepting from the Borrower, any other Guarantor Guarantor, any other guarantor of the Borrower's Liabilities or any other Person, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor agrees that the Agent and each Benefited Party Lender may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as the Agent and each Benefited PartyLender, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI such Guarantor from its Guarantor’s the Guarantors' Obligations, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 3 contracts
Samples: Bolle Credit Agreement (Bolle Inc), Guaranty Agreement (Windmere Durable Holdings Inc), Guaranty Agreement (Sykes Enterprises Inc)
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Agent's acceptance of this Guaranty Agreement; (ii) the Lenders' heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements additions thereto, or replacements alterations, substitutions, refinancings or extensions thereof; (iiiii) the Benefited Parties Agent, the Co-Agents, the Lenders or the Borrower heretofore, now or at any time or times hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Credit Agreement, the Notes or any other Loan Documents; (iiiiv) presentment, demand, notices of default, non-payment, partial payment and protest; (ivv) any Benefited Party the Agent, the Co- Agents or the Lenders heretofore, now or at any time or times hereafter granting to the Borrower (or any other party liable to the Benefited Parties Lenders on account of the Borrower’s Obligations's Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of the Borrower’s Obligations, 's Liabilities; and (vvi) any Benefited Party the Agent or the Lenders heretofore, now or at any time or times hereafter accepting from Borrower, any other Guarantor the Borrower or any other Person, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor agrees that the Agent, the Co-Agents and each Benefited Party Lender may heretofore, now or at any time or times hereafter do any or all of the foregoing events or occurrences in such manner, upon such terms and at such times as the Agent, the Co-Agents and each Benefited PartyLender, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI such Guarantor from its the Guarantor’s 's Obligations, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences. Each Guarantor hereby agrees that payment or performance by such Guarantor of the Guarantor's Obligations under this Guaranty Agreement may be enforced by the Agent on behalf of the Lenders upon demand by the Agent to such Guarantor without the Agent being required, each Guarantor expressly waiving any right it may have to require the Agent, to (i) prosecute collection or seek to enforce or resort to any remedies against the Borrower or any other guarantor of the Borrower's Liabilities, IT BEING EXPRESSLY UNDERSTOOD, ACKNOWLEDGED AND AGREED TO BY EACH GUARANTOR THAT DEMAND UNDER THIS GUARANTY AGREEMENT MAY BE MADE BY THE AGENT, AND THE PROVISIONS HEREOF ENFORCED BY THE AGENT, EFFECTIVE AS OF THE FIRST DATE ANY EVENT OF DEFAULT OCCURS AND IS CONTINUING UNDER THE CREDIT AGREEMENT, or (ii) seek to enforce or resort to any remedies with respect to any security interests, liens or encumbrances granted to the Agent by the Borrower or any other Person on account of the Borrower's Liabilities or any guaranty thereof. Neither the Agent nor any Lender shall have any obligation to protect, secure or insure any of the foregoing security interests, liens or encumbrances on the properties or interests in properties subject thereto. The Guarantor's Obligations shall in no way be impaired, affected, reduced, or released by reason of the Agent, any Co-Agent or any Lender's failure or delay to do or take any of the acts, actions or things described in this Guaranty Agreement including, without limiting the generality of the foregoing, those acts, actions and things described in this Section 8. Each Guarantor further agrees with respect to this Guaranty Agreement that such Guarantor shall have no right of subrogation, reimbursement or indemnity whatsoever, nor any right of recourse to security for the Borrower's Liabilities. In addition, each Guarantor hereby waives and renounces any and all rights it has or may have for subrogation, indemnity, reimbursement or contribution against the Borrower for amounts paid under this Guaranty Agreement. This waiver is expressly intended to prevent the existence of any claim in respect to such reimbursement by any Guarantor against the estate of the Borrower within the meaning of Section 101 of the United States Bankruptcy Code, and to prevent each Guarantor from constituting a creditor of the Borrower in respect of such reimbursement within the meaning of Section 547(b) of the United States Bankruptcy Code in the event of a subsequent case involving the Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Saks Inc), Credit Agreement (Saks Inc)
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Lender's acceptance of this Guaranty Agreement; (ii) the Lender's heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Parties Lender or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Credit Agreement, the Notes or any other Loan Documents; (iiiiv) presentment, demand, notices of default, non-payment, partial payment and protest; (ivv) any Benefited Party the Lender heretofore, now or at any time hereafter granting to the Borrower (or any other party liable to the Benefited Parties Lender on account of the Borrower’s Obligations's Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of the Borrower’s Obligations, 's Liabilities; and (vvi) any Benefited Party the Lender heretofore, now or at any time hereafter accepting from Borrower, any other Guarantor the Borrower or any other Personperson, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor agrees that each Benefited Party the Lender may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Partythe Lender, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI such Guarantor from its Guarantor’s the Guarantors' Obligations, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Crown Crafts Inc), Revolving Credit Agreement (Crown Crafts Inc)
Waiver; Subrogation. (a) CSI The Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Agent's (or any Lender's) acceptance of this Guaranty Agreement; (ii) any Series A Lender's heretofore, now or from time to time hereafter hereafter, making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit any advances to or for the benefit of Borrower, Borrower whether pursuant to this the Credit Agreement or the Notes or any other Loan Document Series A Note, or any amendments, modifications, restatements or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Parties Borrower, the Agent or Borrower any Lender heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Credit Agreement, the Notes any Series A Note or any other Loan DocumentsOperative Agreements; (iiiiv) presentment, demand, notices of default, non-payment, partial payment and protest; (ivv) the Agent (or any Benefited Party Lender) heretofore, now or at any time hereafter hereafter, granting to the Borrower (or any other party liable to the Benefited Parties Lessor on account of the Borrower’s Obligations's Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of the Borrower’s Obligations, 's Liabilities; and (vvi) any Benefited Party the Borrower heretofore, now or at any time hereafter hereafter, accepting from Borrower, the Agent (or any other Guarantor Lender) or any other Personperson, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Agent (or any Lender) settling, subordinating, compromising, discharging or releasing the same. CSI The Guarantor agrees that each Benefited Party the Agent (or any Lender) may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Partythe Agent (or any Lender), in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI the Guarantor from its the Guarantor’s 's Obligations, and CSI the Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 2 contracts
Samples: Participation Agreement (Wackenhut Corrections Corp), Guaranty Agreement (Wackenhut Corrections Corp)
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Agent's acceptance of this Guaranty Agreement; (ii) the Lenders' heretofore, now or from time to time hereafter making Credit Extensions Loans and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of Borrowerthe Borrowers or either of them, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Secured Parties or Borrower either of the Borrowers heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Credit Agreement, the Notes or any other Loan Documents; (iiiiv) presentment, demand, default, non-payment, partial payment and protest; (ivv) any Benefited Secured Party heretofore, now or at any time hereafter granting to Borrower the Borrowers or either of them (or any other party liable to the Benefited Parties Lenders on account of the Borrower’s Obligations's Liabilities) or to any other certain Guarantor any indulgence or extensions of time of payment of the Borrower’s 's Liabilities or Guarantors' Obligations, respectively; and (vvi) any Benefited Secured Party heretofore, now or at any time hereafter accepting from either Borrower, any other Guarantor Guarantor, any other guarantor of the Borrower's Liabilities or any other Person, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor agrees that each Benefited Secured Party may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Secured Party, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI such Guarantor from its Guarantor’s the Guarantors' Obligations, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 2 contracts
Samples: Stock Pledge Agreement (Miller Industries Inc /Tn/), Guaranty Agreement (Miller Industries Inc /Tn/)
Waiver; Subrogation. (a) CSI The Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Administrative Agent's acceptance of this Guaranty Agreement; (ii) the Lenders' heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit Loans and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Secured Parties or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Credit Agreement, the Notes or any other Loan Documents; (iiiiv) presentment, demand, default, non-payment, partial payment and protest; (ivv) any Benefited Secured Party heretofore, now or at any time hereafter granting to the Borrower (or any other party liable to the Benefited Parties Lenders on account of the Borrower’s Obligations's Liabilities) or to any other certain Guarantor any indulgence or extensions of time of payment of the Borrower’s 's Liabilities or Guarantors' Obligations, respectively; and (vvi) any Benefited Secured Party heretofore, now or at any time hereafter accepting from the Borrower, any other Guarantor Guarantor, any other guarantor of the Borrower's Liabilities or any other Person, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Administrative Agent settling, subordinating, compromising, discharging or releasing the same. CSI The Guarantor agrees that each Benefited Secured Party may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Secured Party, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI the Guarantor from its Guarantor’s the Guarantors' Obligations, and CSI the Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Samples: Security Agreement (Ameristeel Corp)
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Agent's (or any Lender's) acceptance of this Guaranty Agreement; (ii) any Series A Lender's heretofore, now or from time to time hereafter hereafter, making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit any advances to or for the benefit of Borrower, Borrower whether pursuant to this the Credit Agreement or the Notes or any other Loan Document Series A Note, or any amendments, modifications, restatements or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Parties Borrower, the Agent or Borrower any Lender heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Credit Agreement, the Notes any Series A Note or any other Loan DocumentsOperative Agreements; (iiiiv) presentment, demand, notices of default, non-payment, partial payment and protest; (ivv) the Agent (or any Benefited Party Lender) heretofore, now or at any time hereafter hereafter, granting to the Borrower (or any other party liable to the Benefited Parties Lessor on account of the Borrower’s Obligations's Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of the Borrower’s Obligations, 's Liabilities; and (vvi) any Benefited Party the Borrower heretofore, now or at any time hereafter hereafter, accepting from Borrower, the Agent (or any other Guarantor Lender) or any other Personperson, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Agent (or any Lender) settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor agrees that each Benefited Party on or after the Completion Date the Agent (or any Lender) may heretofore, now or at any time hereafter thereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Partythe Agent (or any Lender), in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI any Guarantor from its the Guarantor’s 's Obligations, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Waiver; Subrogation. (a) CSI The Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Agent's acceptance of this Guaranty Agreement; (ii) the Lenders' heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit Loans and otherwise loaning monies or giving or extending credit to or for the benefit of any Borrower, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Secured Parties or any Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Credit Agreement, the Notes or any other Loan Documents; (iiiiv) presentment, demand, default, non-payment, partial payment and protest; (ivv) any Benefited Secured Party heretofore, now or at any time hereafter granting to any Borrower (or any other party liable to the Benefited Parties Lenders on account of Borrower’s Obligationsthe Borrowers' Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of Borrower’s the Borrowers' Liabilities or Guarantor's Obligations, respectively; and (vvi) any Benefited Secured Party heretofore, now or at any time hereafter accepting from any Borrower, any other Guarantor Guarantor, any other guarantor of the Borrowers' Liabilities or any other Person, any partial payment or payments on account of Borrower’s Obligations the Borrowers' Liabilities or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI The Guarantor agrees that each Benefited Secured Party may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Secured Party, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI the Guarantor from its the Guarantor’s 's Obligations, and CSI the Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Waiver; Subrogation. (a) CSI CPV hereby waives notice of the following events or occurrences: (i) the Lenders Lenders' heretofore, now or from time to time hereafter making Credit Extensions Advances and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (ii) the Benefited Secured Parties or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this Agreement, the Notes or any other Loan Documents; (iii) presentment, demand, default, non-payment, partial payment and protest; (iv) any Benefited Secured Party heretofore, now or at any time hereafter granting to the Borrower (or any other party liable to the Benefited Secured Parties on account of the Borrower’s 's Obligations) or to any other Guarantor any indulgence or extensions of time of payment of the Borrower’s 's Obligations, and (v) any Benefited Secured Party heretofore, now or at any time hereafter accepting from the Borrower, any other Guarantor or any other Person, any partial payment or payments on account of the Borrower’s 's Obligations or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI agrees that each Benefited Party may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Party, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI from its Guarantor’s Obligations, and CSI hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Agent's acceptance of this Guaranty Agreement; (ii) the Lenders' heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this Agreement or the Credit Agreement, the Notes or any the other Loan Document Documents, or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Parties Agent, the Lenders or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Credit Agreement, the Notes or any other Loan Documents; (iiiiv) presentment, demand, notices of default, non-payment, partial payment and protest; (ivv) any Benefited Party the Agent or the Lenders heretofore, now or at any time hereafter granting to the Borrower (or any other party liable to the Benefited Parties Lenders on account of the Borrower’s Obligations's Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of the Borrower’s Obligations, 's Liabilities; and (vvi) any Benefited Party the Agent or the Lenders heretofore, now or at any time hereafter accepting from Borrower, any other Guarantor the Borrower or any other Personperson, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the samesame in whole or in part. CSI Each Guarantor agrees that the Agent and each Benefited Party Lender may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as the Agent and each Benefited PartyLender, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI such Guarantor from its Guarantor’s the Guarantors' Obligations, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Waiver; Subrogation. (a) CSI The Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Lender's acceptance of this Guaranty Agreement; (ii) the Lender heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of Borrowerthe Company, whether pursuant to this Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Parties Lender or Borrower the Company heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this Agreement, the Notes or any other Loan DocumentsNotes; (iiiiv) presentment, demand, notices of default, non-payment, partial payment and protestpayment, notice of dishonor, suit, protest or taking other action by the Lender; (ivv) any Benefited Party the Lender heretofore, now or at any time hereafter granting to Borrower the Company (or any other party liable to the Benefited Parties Lender on account of Borrower’s Obligationsthe Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of Borrower’s Obligations, the Liabilities; and (vvi) any Benefited Party the Lender heretofore, now or at any time hereafter accepting from Borrower, any other Guarantor the Company or any other Personperson, any partial payment or payments on account of Borrower’s Obligations the Liabilities or any collateral securing the payment thereof or Agent the Lender settling, subordinating, compromising, discharging or releasing the same. CSI The Guarantor agrees that each Benefited Party the Lender may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Partythe Lender, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI such Guarantor from its the Guarantor’s 's Obligations, and CSI the Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Samples: Subsidiary Guaranty Agreement (Merlin Software Technologies International Inc)
Waiver; Subrogation. (a) CSI The Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Administrative Agent's acceptance of this Guaranty Agreement; (ii) the Lenders' heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit Loans and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Secured Parties or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting sub stituting for, releasing, waiving or modifying this the Credit Agreement, the Notes or any other Loan Documents; (iiiiv) presentment, demand, default, non-payment, partial payment and 136 protest; (ivv) any Benefited Secured Party heretofore, now or at any time hereafter granting to the Borrower (or any other party liable to the Benefited Parties Lenders on account of the Borrower’s Obligations's Liabilities) or to any other certain Guarantor any indulgence or extensions of time of payment of the Borrower’s 's Liabilities or Guarantors' Obligations, respectively; and (vvi) any Benefited Secured Party heretofore, now or at any time hereafter accepting from the Borrower, any other Guarantor Guarantor, any other guarantor of the Borrower's Liabilities or any other Person, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Administrative Agent settling, subordinating, compromising, discharging or releasing the same. CSI The Guarantor agrees that each Benefited Secured Party may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Secured Party, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI the Guarantor from its Guarantor’s the Guarantors' Obligations, and CSI the Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Lessor's acceptance of this Guaranty Agreement; (ii) the Lessor's heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit and otherwise loaning monies any advances to the Construction Agent or giving or extending credit leasing any Property to or for the benefit of BorrowerLessee, whether pursuant to this Agreement or the Notes or any other Loan Document Lease or any amendments, modifications, restatements or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Parties Lessor or Borrower the Lessee heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this Agreementthe Lease, the Notes Agency Agreement or any other Loan DocumentsOperative Agreements; (iiiiv) presentment, demand, notices of default, non-payment, partial payment and protest; (ivv) any Benefited Party the Lessor heretofore, now or at any time hereafter granting to Borrower the Lessee (or any other party liable to the Benefited Parties Lessor on account of Borrower’s Obligationsthe Lessee's Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of Borrower’s Obligations, the Lessee's Liabilities; and (vvi) any Benefited Party the Lessor heretofore, now or at any time hereafter accepting from Borrower, any other Guarantor the Lessee or any other Personperson, any partial payment or payments on account of Borrower’s Obligations the Lessee's Liabilities or any collateral securing the payment thereof or Agent the Lessor settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor agrees that each Benefited Party the Lessor may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Partythe Lessor, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI any Guarantor from its Guarantor’s the Guarantors' Obligations, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) acceptance of this Guaranty Agreement; (ii) the Lenders Lenders’ heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit Loans and otherwise loaning monies or giving or extending credit to or for the benefit of any Borrower, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Guaranteed Parties or any Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this Agreement, the Notes Credit Agreement or any other Loan Documents; (iiiiv) presentment, demand, default, non-payment, partial payment payment, protest, promptness and protestdiligence; (ivv) any Benefited Guaranteed Party heretofore, now or at any time hereafter granting to any Borrower (or any other party liable to the Benefited Parties Lenders on account of Borrower’s the Obligations) or to any other Guarantor guarantor any indulgence or extensions of time of payment of Borrower’s the Obligations, ; and (vvi) any Benefited Guaranteed Party heretofore, now or at any time hereafter accepting from any Borrower, any other Guarantor guarantor of the Obligations or any other Person, any partial payment or payments on account of Borrower’s the Obligations or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor agrees that each Benefited Guaranteed Party may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Guaranteed Party, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI any Guarantor from its Guarantor’s Obligationsobligations hereunder, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Samples: Guaranty Agreement (Aircastle LTD)
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Agent's acceptance of this Guaranty Agreement; (ii) the Lenders' heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Parties Agent, the Lenders or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Credit Agreement, the Notes or any other Loan Documents; (iiiiv) presentment, demand, notices of default, non-payment, partial payment and protest; (ivv) any Benefited Party the Agent or the Lenders heretofore, now or at any time hereafter granting to the Borrower (or any other party liable to the Benefited Parties Lenders on account of the Borrower’s Obligations's Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of the Borrower’s Obligations, 's Liabilities; and (vvi) any Benefited Party the Agent or the Lenders heretofore, now or at any time hereafter accepting from Borrower, any other Guarantor the Borrower or any other Personperson, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor agrees that the Agent and each Benefited Party Lender may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Partythe Agent or any Lender, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI such Guarantor from its Guarantor’s the Guarantors' Obligations, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Samples: Guaranty Agreement (Headway Corporate Resources Inc)
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Agent's acceptance of this Guaranty Agreement; (ii) the Lenders' heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements additions thereto, or replacements alterations, substitutions, refinancings or extensions thereof; (iiiii) the Benefited Parties Agent, the Lenders or the Borrower heretofore, now or at any time or times hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Credit Agreement, the Notes or any other Loan Documents; (iiiiv) presentment, demand, notices of default, non-payment, partial payment and protest; (ivv) any Benefited Party the Agent or the Lenders heretofore, now or at any time or times hereafter granting to the Borrower (or any other party liable to the Benefited Parties Lenders on account of the Borrower’s Obligations's Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of the Borrower’s Obligations, 's Liabilities; and (vvi) any Benefited Party the Agent or the Lenders heretofore, now or at any time or times hereafter accepting from Borrower, any other Guarantor the Borrower or any other Personperson, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor agrees that the Agent and each Benefited Party Lender may heretofore, now or at any time or times hereafter do any or all of the foregoing events or occurrences in such manner, upon such terms and at such times as the Agent and each Benefited PartyLender, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI such Guarantor from its the Guarantor’s 's Obligations, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Samples: Credit Facilities and Reimbursement Agreement (Proffitts Inc)
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Agent's acceptance of this Guaranty Agreement; (ii) the Lenders' heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Parties Agent, the Lenders or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting sub stituting for, releasing, waiving or modifying this the Credit Agreement, the Notes or any other Loan DocumentsDocuments or this Guaranty Agreement with respect to any other Guarantor; (iiiiv) presentment, demand, default, non-payment, partial payment and protest; (ivv) any Benefited Party the Agent or the Lenders heretofore, now or at any time hereafter granting to the Borrower (or any other party liable to the Benefited Parties Lenders on account of Borrower’s Obligationsthe Borrowers' Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of the Borrower’s 's Liabilities or granting to any other Guarantor any indulgence or extension of time of payment of its Guarantors' Obligations, ; and (vvi) any Benefited Party the Agent or the Lenders heretofore, now or at any time hereafter accepting from Borrower, any other Guarantor the Borrower or any other Person, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor agrees that the Agent and each Benefited Party Lender may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as the Agent and each Benefited PartyLender, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI such Guarantor from its Guarantor’s the Guarantors' Obligations, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Waiver; Subrogation. (a) CSI Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Lender's acceptance of this Guaranty Agreement; (ii) the Lender's heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this Agreement or the Notes or any other Loan Document Note or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Parties Lender, or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Note or the Security Agreement, the Notes or any other Loan Documents; (iiiiv) presentment, demand, default, non-payment, partial payment and protest; (ivv) any Benefited Party the Lender heretofore, now or at any time hereafter granting to the Borrower (or any other party liable to the Benefited Parties Lender on account of the Borrower’s Obligations's Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of the Borrower’s Obligations, 's Liabilities; and (vvi) any Benefited Party the Lender heretofore, now or at any time hereafter accepting from the Borrower, any other Guarantor Guarantor, any other guarantor of the Borrower's Liabilities or any other Person, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or Agent the Lender settling, subordinating, compromising, discharging or releasing the same. CSI Guarantor agrees that each Benefited Party the Lender may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Partythe Lender, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI Guarantor from its the Guarantor’s 's Obligations, and CSI Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Lender's acceptance of this Guaranty Agreement; (ii) the Lender's heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Parties Lender or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Credit Agreement, the Notes or any other Loan Documents; (iiiiv) presentment, demand, notices of default, non-paymentnonpayment, partial payment and protest; (ivv) any Benefited Party the Lender heretofore, now or at any time hereafter granting to the Borrower (or any other party liable to the Benefited Parties Lender on account of the Borrower’s Obligations's Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of the Borrower’s Obligations, 's Liabilities; and (vvi) any Benefited Party the Lender heretofore, now or at any time hereafter accepting from Borrower, any other Guarantor the Borrower or any other Personperson, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor agrees that each Benefited Party the Lender may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Partythe Lender, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI such Guarantor from its Guarantor’s the Guarantors' Obligations, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Waiver; Subrogation. (a) CSI The Guarantor hereby waives promptness, diligence, notice of the following events acceptance and any other notice with respect to this Guarantee and any requirement that JPMCB, as Administrative Agent, or occurrences: any Lender protect, secure, perfect or insure any security interest or lien or any property subject thereto or exhaust any right or take any action against Altria or any other Person or any collateral. (ib) the Lenders heretofore, The Guarantor hereby irrevocably waives any claims or other rights that it may now or hereafter acquire against Altria that arise from the existence, payment, performance or enforcement of the Guarantor’s obligations under this Guarantee or the Credit Agreement, including, without limitation, any right of subrogation, reimbursement, exoneration, contribution or indemnification and any right to participate in any claim or remedy of JPMCB, as Administrative Agent, or any Lender against Altria or any collateral, whether or not such claim, remedy or right arises in equity or under contract, statute or common law, including, without limitation, the right to take or receive from Altria, directly or indirectly, in cash or other property or by set-off or in any other manner, payment or security on account of such claim, remedy or right. If any amount shall be paid to the Guarantor in violation of the preceding sentence at any time prior to time hereafter making Credit Extensions the cash payment in full of the Obligations and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or all other amounts payable under this Guarantee, such amount shall be held in trust for the benefit of BorrowerJPMCB, as Administrative Agent, and the Lenders and shall forthwith be paid to JPMCB, as Administrative Agent, to be credited and applied to the Obligations and all other amounts payable under this Guarantee, whether pursuant to matured or unmatured, in accordance with the terms of the Credit Agreement and this Agreement or the Notes or any other Loan Document or any amendments, modificationsGuarantee, or supplements thereto, or replacements or extensions thereof; (ii) the Benefited Parties or Borrower heretofore, now or at be held as collateral for any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this Agreement, the Notes or any other Loan Documents; (iii) presentment, demand, default, non-payment, partial payment and protest; (iv) any Benefited Party heretofore, now or at any time hereafter granting to Borrower (or any other party liable to the Benefited Parties on account of Borrower’s Obligations) or to any other Guarantor any indulgence or extensions of time of payment of Borrower’s Obligations, and (v) any Benefited Party heretofore, now or at any time hereafter accepting from Borrower, any other Guarantor or any other Person, any partial payment or payments on account of Borrower’s Obligations or any collateral securing other amounts payable under this Guarantee thereafter arising. The Guarantor acknowledges that it will receive direct and indirect benefits from the payment thereof or Agent settling, subordinating, compromising, discharging or releasing financing arrangements contemplated by the sameCredit Agreement and this Guarantee and that the waiver set forth in this Section 4(b) is knowingly made in contemplation of such benefits. CSI agrees that each Benefited Party may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Party, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI from its Guarantor’s Obligations, and CSI hereby consents to each and all of the foregoing events or occurrencesSECTION 0.
Appears in 1 contract
Samples: Credit Agreement
Waiver; Subrogation. (a) CSI The Guarantors hereby waives waive notice of the following events or occurrences: (i) the Lenders heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters Company's acceptance of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of Borrower, whether pursuant to this Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereofGuaranty Agreement; (ii) the Benefited Parties Company or Borrower DTCOA heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Asset Purchase Agreement, the Notes or any other Loan Documents; (iii) presentment, demand, notices of default, non-payment, partial payment and protest; (iv) any Benefited Party the Company heretofore, now or at any time hereafter granting to Borrower DTCOA (or any other party liable to the Benefited Parties Company on account of Borrower’s the Guaranteed Obligations) or to any other Guarantor any indulgence or extensions of time of payment of Borrower’s the Guaranteed Obligations, ; and (v) any Benefited Party the Company heretofore, now or at any time hereafter accepting from Borrower, any other Guarantor DTCOA or any other Personperson, any partial payment or payments on account of Borrower’s the Guaranteed Obligations or any collateral securing the payment thereof or Agent the Company settling, subordinating, compromising, discharging or releasing the same. CSI agrees The Guarantors agree that each Benefited Party the Company may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Partythe Company, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI the Guarantors from its Guarantor’s the Guarantors' Obligations, and CSI the Guarantors hereby consents consent to each and all of the foregoing events or occurrences.
Appears in 1 contract
Waiver; Subrogation. (a) CSI The Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Agent's acceptance of this Guaranty Agreement; (ii) the Conduit's heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit Advances and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this Agreement or the Notes LSA or any other Loan Transaction Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; , (iiiii) the Benefited Parties Investors or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this Agreement, the Notes LSA or any other Loan Transaction Documents; (iiiiv) presentment, demand, default, non-payment, partial payment and protest; (ivv) any Benefited Party Investor heretofore, now or at any time hereafter granting to the Borrower (or any other party liable to the Benefited Parties Conduit on account of the Borrower’s 's Obligations) or to any other the Guarantor any indulgence or extensions of time of payment of the Borrower’s 's Obligations or the Guarantor's Obligations, respectively; and (vvi) any Benefited Party Investor heretofore, now or at any time hereafter accepting from the Borrower, the Guarantor, any other Guarantor guarantor of the Borrower's Obligations or any other Person, any partial payment or payments on account of the Borrower’s 's Obligations or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI The Guarantor agrees that each Benefited Party Investor may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited PartyInvestor, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI the Guarantor from its the Guarantor’s 's Obligations, and CSI the Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) acceptance of this Guaranty; (ii) the Lenders Lenders’ heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit Loans and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Guaranteed Parties or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this Agreement, the Notes Credit Agreement or any other Loan Documents; (iiiiv) presentment, demand, default, non-payment, partial payment payment, protest, promptness and protestdiligence; (ivv) any Benefited Guaranteed Party heretofore, now or at any time hereafter granting to the Borrower (or any other party liable to the Benefited Parties Lenders on account of Borrower’s the Obligations) or to any other Guarantor guarantor any indulgence or extensions of time of payment of Borrower’s the Obligations, ; and (vvi) any Benefited Guaranteed Party heretofore, now or at any time hereafter accepting from the Borrower, any other Guarantor guarantor of the Obligations or any other Person, any partial payment or payments on account of Borrower’s the Obligations or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor agrees that each Benefited Guaranteed Party may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Guaranteed Party, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI any Guarantor from its Guarantor’s Obligationsobligations hereunder, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Samples: Guaranty Agreement (Seacastle Inc.)
Waiver; Subrogation. (a) CSI The Guarantor hereby waives notice of the following events or occurrences: (i) acceptance of this Guaranty Agreement; (ii) the Lenders Lenders' heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit Loans and otherwise loaning monies or giving or extending credit to or for the benefit of any Borrower, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Guaranteed Parties or any Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this Agreement, the Notes Credit Agreement or any other Loan Documents; (iiiiv) presentment, demand, default, non-payment, partial payment payment, protest, promptness and protestdiligence; (ivv) any Benefited Guaranteed Party heretofore, now or at any time hereafter granting to any Borrower (or any other party liable to the Benefited Parties Lenders on account of Borrower’s the Obligations) or to any other Guarantor guarantor any indulgence or extensions of time of payment of Borrower’s the Obligations, ; and (vvi) any Benefited Guaranteed Party heretofore, now or at any time hereafter accepting from any Borrower, any other Guarantor guarantor of the Obligations or any other Person, any partial payment or payments on account of Borrower’s the Obligations or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI The Guarantor agrees that each Benefited Guaranteed Party may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Guaranteed Party, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI the Guarantor from its Guarantor’s Obligationsobligations hereunder, and CSI the Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Samples: Parent Guarantor Guaranty Agreement (Aircastle LTD)
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Administrative Agent's or Documentation Agent's acceptance of this Guaranty Agreement; (ii) the Lenders' heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this Agreement or the Credit Agreement, the Notes or any the other Loan Document Documents, or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Parties Administrative Agent, the Lenders or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Credit Agreement, the Notes or any other Loan Documents; (iiiiv) presentment, demand, notices of default, non-payment, partial payment and protest; (ivv) any Benefited Party the Administrative Agent or the Lenders heretofore, now or at any time hereafter granting to the Borrower (or any other party liable to the Benefited Parties Lenders on account of the Borrower’s Obligations's Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of the Borrower’s Obligations, 's Liabilities; and (vvi) any Benefited Party the Administrative Agent or the Lenders heretofore, now or at any time hereafter accepting from Borrower, any other Guarantor the Borrower or any other Personperson, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Administrative Agent settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor hereby (a) agrees that the Administrative Agent and each Benefited Party Lender may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as the Administrative Agent and each Benefited PartyLender, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI such Guarantor from its Guarantor’s the Guarantors' Obligations, and CSI hereby (b) consents to each and all of the foregoing events or occurrences and (c) waives, to the extent permitted by law, (1) any right of a surety or guarantor to any defense, discharge, release or diminution of its liabilities hereunder as a result of any of the foregoing events or occurrences, and (2) any right under N.C.G.S. Section 26-7 or otherwise to require that resort be had to the Borrower or any other guarantor of, or any property securing, all or any part of the Borrower's Liabilities.
Appears in 1 contract
Samples: Credit Agreement (Medpartners Inc)
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Agent's acceptance of this Guaranty Agreement; (ii) the Lenders' heretofore, now or from time to time hereafter making Credit Extensions Loans and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Secured Parties or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this the Credit Agreement, the Notes or any other Loan Documents; (iiiiv) presentment, demand, default, non-payment, partial payment and protest; (ivv) any Benefited Secured Party heretofore, now or at any time hereafter granting to the Borrower (or any other party liable to the Benefited Parties Lenders on account of the Borrower’s Obligations's Liabilities) or to any other certain Guarantor any indulgence or extensions of time of payment of the Borrower’s 's Liabilities or Guarantors' Obligations, respectively; and (vvi) any Benefited Secured Party heretofore, now or at any time hereafter accepting from the Borrower, any other Guarantor Guarantor, any other guarantor of the Borrower's Liabilities or any other Person, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor agrees that each Benefited Secured Party may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Secured Party, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI such Guarantor from its Guarantor’s the Guarantors' Obligations, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Agent's acceptance of this Guaranty Agreement; (ii) the Lenders' heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to this the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Parties Agent, the Lenders or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting sub stituting for, releasing, waiving or modifying this the Credit Agreement, the Notes or any other Loan Documents; (iiiiv) presentment, demand, default, non-payment, partial payment and protest; (ivv) any Benefited Party the Agent or the Lenders heretofore, now or at any time hereafter granting to the Borrower (or any other party liable to the Benefited Parties Lenders on account of the Borrower’s Obligations's Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of the Borrower’s Obligations, 's Liabilities; and (vvi) any Benefited Party the Agent or the Lenders heretofore, now or at any time hereafter accepting from the Borrower, any other Guarantor Guarantor, any other guarantor of the Borrower's Liabilities or any other Person, any partial payment or payments on account of the Borrower’s Obligations 's Liabilities or any collateral securing the payment thereof or the Agent settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor agrees that the Agent and each Benefited Party Lender may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as the Agent and each Benefited PartyLender, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI such Guarantor from its Guarantor’s the Guarantors' Obligations, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Samples: Security Agreement (Bec Group Inc)
Waiver; Subrogation. (a) CSI Each Guarantor hereby waives notice of the following events or occurrences: (i) the Lenders Trustee's acceptance of this Guaranty Agreement; (ii) the Holders' heretofore, now or from time to time hereafter making Credit Extensions and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of Borrowerthe Company, whether pursuant to this Agreement the Note Indenture or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iiiii) the Benefited Parties Trustee, the Holders or Borrower the Company heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying this Agreementthe Note Indenture, the Notes or any other Loan Financing Documents; (iiiiv) presentment, demand, notices of default, non-payment, partial payment and protest; (ivv) any Benefited Party the Trustee or the Holders heretofore, now or at any time hereafter granting to Borrower the Company (or any other party liable to the Benefited Parties Holders on account of Borrower’s Obligationsthe Company's Liabilities) or to any other Guarantor any indulgence or extensions of time of payment of Borrower’s Obligations, the Company's Liabilities; and (vvi) any Benefited Party the Trustee or the Holders heretofore, now or at any time hereafter accepting from Borrower, any other Guarantor the Company or any other Personperson, any partial payment or payments on account of Borrower’s Obligations the Company's Liabilities or any collateral securing the payment thereof or Agent the Trustee settling, subordinating, compromising, discharging or releasing the same. CSI Each Guarantor agrees that the Trustee and each Benefited Party Holder may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Benefited Partythe Trustee or any Holder, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing CSI such Guarantor from its Guarantor’s the Guarantors' Obligations, and CSI each Guarantor hereby consents to each and all of the foregoing events or occurrences.
Appears in 1 contract
Samples: Guaranty Agreement (Headway Corporate Resources Inc)