With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Agreement, the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.
Appears in 5 contracts
Samples: Security and Pledge Agreement (RFS Partnership Lp), Security and Pledge Agreement (RFS Partnership Lp), Security and Pledge Agreement (RFS Partnership Lp)
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party either Borrower or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Agreement, the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between Corporation Borrowers and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.
Appears in 4 contracts
Samples: Security and Pledge Agreement (RFS Partnership Lp), Security and Pledge Agreement (RFS Partnership Lp), Security and Pledge Agreement (RFS Partnership Lp)
With Respect to the Obligations. The Pledgor Guarantors shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the Pledgor, Guarantors and without notice to or further assent by the PledgorGuarantors, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender Buyer may be rescinded by the Administrative Agent or such Lender, Buyer and any of the Obligations continued, and the Obligations, or the liability of any Loan Party or any other Person party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, surrendered or released by the Administrative Agent or any LenderBuyer, and the Credit Agreement, the other Loan Documents Master Repurchase Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) Buyer may deem advisable from time to time, and any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the Administrative Agent or any Lender Buyer for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender The Buyer shall not have any obligation to protect, secure, perfect or insure any other Lien lien at any time held by it as security for the Obligations or for this Guaranty or any property subject thereto. The Pledgor waives When making any and all notice of demand hereunder against any Guarantor, the creationBuyer may, renewalbut shall be under no obligation to, extension or accrual of any of make a similar demand on the Obligations and notice of or proof of reliance by the Administrative Agent Seller or any Lender upon this Agreement; the Obligationsother guarantor, and any failure by the Buyer to make any such demand or to collect any payments from the Seller or any such other guarantor or any release of them, the Seller or such other guarantor shall conclusively be deemed to have been created, contracted not relieve the Guarantors of their obligations or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one handliabilities hereunder, and shall not impair or affect the Administrative Agent rights and remedies, express or implied, or as a matter of law, of the Lenders, on Buyer against the other, Guarantors. For the purposes hereof "demand" shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment include the commencement and notice continuance of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligationsany legal proceedings.
Appears in 3 contracts
Samples: Guaranty (American Business Financial Services Inc /De/), Guaranty and Pledge Agreement (New Century Financial Corp), Guaranty and Pledge Agreement (New Century Financial Corp)
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Borrower or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, modified accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Agreement, the Notes, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation the Borrower and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers the Borrower or the Pledgor with respect to the Obligations.
Appears in 3 contracts
Samples: Credit Agreement (Cable Michigan Inc), Credit Agreement (RCN Corp /De/), Pledge Agreement (Cable Michigan Inc)
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Pledgor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Agreement, the Notes, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.
Appears in 2 contracts
Samples: Pledge Agreement (Rare Hospitality International Inc), Pledge Agreement (Corrections Corporation of America)
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Agreement, the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between Corporation the LLC and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers the LLC or the Pledgor with respect to the Obligations.
Appears in 2 contracts
Samples: Security and Pledge Agreement (RFS Partnership Lp), Security and Pledge Agreement (RFS Partnership Lp)
With Respect to the Obligations. The Pledgor ------------------------------------------------- shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Pledgor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Agreement, the Notes, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.
Appears in 1 contract
Samples: Pledge Agreement (Acc Corp)
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent Agent, the Issuing Lender or any Lender may be rescinded by the Administrative Agent Agent, the Issuing Lender or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Company or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent Agent, the Issuing Lender or any Lender, and the Credit Agreement, the Notes, the Security Documents, the other Loan Documents Credit Documents, any Interest Rate Agreement entered into with any Lender or Lenders and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent Agent, the Issuing Lender or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither None of the Administrative Agent nor any Agent, the Issuing Lender and the Lenders shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent Agent, the Issuing Lender or any Lender upon this Pledge Agreement; the Obligations, and any of them, them shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation the Company and the Pledgor, on the one hand, and the Administrative Agent Agent, the Issuing Lender and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Company, the Pledgor or any other obligor with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor Pledgors shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the PledgorPledgors, and without notice to or further assent by the PledgorPledgors, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender Secured Party may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Pledgors or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Agreement, the any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender Secured Party for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender Secured Party shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives Pledgors waive any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender Secured Party upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation and the PledgorPledgors, on the one hand, and the Administrative Agent and the LendersSecured Parties, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives Pledgors waive diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor Pledgors with respect to the Obligations.
Appears in 1 contract
Samples: Pledge Agreement
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens security interests granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations or the Secured Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations or the Secured Obligations continued, and the Obligations or the Secured Obligations, or the liability of any Loan Party the Corporation or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Notes, the Loan Agreement, the New Loan Agreement, the other Loan Documents Documents, the Secured Obligations, the Project Loan Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) Lender may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations or the Secured Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any The Lender shall not have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or the Secured Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations or the Secured Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Agreement; the Obligations, and any of them, shall conclusively be deemed conclusively to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between the Corporation and the Pledgor, on the one hand, and the Administrative Agent and the LendersLender, on the other, likewise shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers the Corporation or the Pledgor with respect to the Obligations and the Secured Obligations.. When pursuing its rights and remedies hereunder against the Pledgor, the Lender may, but shall be under no obligation to, pursue such rights and remedies as it may have against the Corporation or any other Person or against any collateral security or guarantee for the Obligations or the Secured Obligations or any right of offset with respect thereto, and any failure by the Lender to pursue
Appears in 1 contract
With Respect to the Obligations. The Each Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, such Pledgor and without notice to or further assent by the such Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender Secured Creditor may be rescinded by the Administrative Agent or such LenderSecured Creditor, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party each Issuer or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent Agent, any other Co-Arranger (subject to subsection 12.16 of the Credit Agreement), the Issuing Lender, any Lender or any Lender, Other Creditor and the Credit Agreement, the Notes, the Security Documents, and the other Loan Documents Credit Documents, any Interest Rate Agreement entered into with any Lender or Lenders and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender Secured Creditor for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither None of the Administrative Agent nor any Lender Secured Creditors shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Each Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender Secured Creditor upon this Agreement; the Obligations, and any of them, them shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between Corporation each Issuer and the such Pledgor, on the one hand, and the Administrative Agent and the LendersSecured Creditors, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Each Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers each Issuer or the such Pledgor with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor ------------------------------------------------ shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligationsobligations, or the liability of any Loan Party the Pledgor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Agreement, the Notes, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.
Appears in 1 contract
Samples: Pledge Agreement (Acc Corp)
With Respect to the Obligations. The Pledgor Guarantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the Pledgor, Guarantor and without notice to or further assent by the PledgorGuarantor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender Chase may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party or any other Person party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, terminated, waived, surrendered, surrendered or released by the Administrative Agent or any LenderChase, and the Credit Agreement, the other Loan Documents Repurchase Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) Chase may deem advisable from time to time, and any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the Administrative Agent or any Lender Chase for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender Chase shall not have any obligation to protect, secure, perfect or insure any other Lien lien at any time held by it as security for the Obligations or for this Guaranty or any property subject thereto. The Pledgor waives When making any and all notice of the creationdemand hereunder against Guarantor, renewalChase may, extension but shall be under no obligation to, make a similar demand on either or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent both Sellers or any Lender upon this Agreement; the Obligationsother guarantor, and any failure by Chase to make any such demand or to collect any payments from either or both Sellers or any such other guarantor or any release of them, either or both Sellers or such other guarantor shall conclusively be deemed to have been created, contracted not relieve Guarantor of its obligations or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one handliabilities hereunder, and shall not impair or affect the Administrative Agent rights and remedies, express or implied, or as a matter of law, of Chase against Guarantor. For the Lenders, on purposes hereof “demand” shall include the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment commencement and notice continuance of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligationsany legal proceedings.
Appears in 1 contract
With Respect to the Obligations. The Pledgor Each Grantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, hereby notwithstanding that, without any reservation of rights against the Pledgorany Grantor, and without notice to or further assent by the Pledgorsuch Grantor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such any Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party each Grantor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Agreement, the Notes, the other Loan Documents Credit Documents, any Interest Rate Agreements, any Foreign Currency Agreements and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (Administrative Agent or the Required Lenders, as the case may be) any Lender may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure this or any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor Each Grantor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one hand, any Grantor and the Administrative Agent and the Lenders, on the otheror any Lender, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor Each Grantor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor such Grantor with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Pledgor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the either Credit Agreement, the Notes, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives diligencedili gence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Borrower or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Loan Agreement, the Notes, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice (except as required by the Loan Agreement) of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.
Appears in 1 contract
Samples: Loan Agreement (Medcath Corp)
With Respect to the Obligations. The Pledgor shall ------------------------------------------------ remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender PCRAF may be rescinded by the Administrative Agent or such Lenderrescinded, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, surrendered or released by the Administrative Agent or any Lender, and the Credit Agreement, the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, PCRAF as the Lenders (or the Required Lenders, as the case may be) PCRAF may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender PCRAF for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender PCRAF shall have any no obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender PCRAF upon this Pledge Agreement; the Obligations, and any of them, Obligations shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation Pledgor and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, PCRAF shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.
Appears in 1 contract
Samples: Pledge Agreement (Orthovita Inc)
With Respect to the Obligations. WAIVER OF ----------------------------------------------------------- RIGHTS. The Pledgor Guarantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the Pledgor, Guarantor and without notice to or further assent by the PledgorGuarantor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, party and any of the Obligations continued, and the Obligations, or the liability of any Loan Party or any other Person party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, surrendered or released by the Administrative Agent or any Lender, and the Credit respective Financing Agreement, the other Loan Guarantor Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any No Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or for this Guarantee or any property subject thereto. The Pledgor waives When making any and all notice of demand hereunder against the creationGuarantor, renewalany Lender may, extension or accrual of any of but shall be under no obligation to, make a similar demand on the Obligations and notice of or proof of reliance by Borrower, the Administrative Agent Guarantor or any Lender upon this Agreement; the Obligationsother guarantor, and any failure by any Lender to make any such demand or to collect any payments from the Borrower, the Guarantor or guarantor or any release of themthe Borrower, the Guarantor or guarantor shall conclusively be deemed to have been created, contracted not relieve the Guarantor in respect of which a demand or incurred in reliance upon this Agreement; and all dealings between Corporation and collection is not made or the Pledgor, on the one handGuarantor not so released of their several obligations or liabilities hereunder, and shall not impair or affect the Administrative Agent rights and remedies, express or implied, or as a matter of law, of any Lender against the Lenders, on Guarantor. For the other, purposes hereof "demand" shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment include the commencement and notice continuance of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligationsany legal proceedings.
Appears in 1 contract
With Respect to the Obligations. The Pledgor Company shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the PledgorCompany, and without notice to or further assent by the PledgorCompany, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender Secured Creditor may be rescinded by the Administrative Agent or such LenderSecured Creditor, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party each Issuer or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent Agent, any other Co-Arranger (subject to subsection 12.16 of the Credit Agreement), the Issuing Lender, any Lender or any LenderOther Creditor, and the Credit Agreement, the Notes, the Security Documents, and the other Loan Documents Credit Documents, any Interest Rate Agreement entered into with any Lender or Lenders and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender Secured Creditor for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither None of the Administrative Agent nor any Lender Secured Creditors shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor Company waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender Secured Creditor upon this Agreement; the Obligations, and any of them, them shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between Corporation each Issuer and the PledgorCompany, on the one hand, and the Administrative Agent and the Lenders, Secured Creditors on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor Company waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers each Issuer or the Pledgor Company with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor Guarantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the Pledgor, Guarantor and without notice to or further assent by the PledgorGuarantor, (i) any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, Lender and any of the Obligations may be continued, and (ii) the Obligations, or the liability of any Loan Party or any other Person party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, surrendered or released by the Administrative Agent or any Lender, and (iii) the Credit Agreement, the other Loan Documents Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) Lender may deem advisable from time to time, and (iv) any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any The Lender shall not have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or for this Guaranty or any property subject thereto. The Pledgor waives When making any and all notice of demand hereunder against the creationGuarantor, renewalthe Lender may, extension or accrual of any of but shall be under no obligation to, make a similar demand on the Obligations and notice of or proof of reliance by the Administrative Agent Borrower or any Lender upon this Agreement; the Obligationsother guarantor, and any failure by the Lender to make any such demand or to collect any payments from the Borrower or any such other guarantor or any release of them, the Borrower or such other guarantor shall conclusively be deemed to have been created, contracted not relieve the Guarantor of its Obligations or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one handliabilities hereunder, and shall not impair or affect the Administrative Agent rights and remedies, express or implied, or as a matter of law, of the Lenders, on Lender against the other, Guarantor. For the purposes hereof "demand" shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreementinclude the commencement and continuance of any legal proceedings. The Pledgor Lender may release any Collateral pledged to it in its sole discretion. The Guarantor hereby further consents to any renewal or modification of any Obligation or any extension of the time within which such is to be performed and to any other indulgences, whether before or after the date of this Guaranty, and waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligationsthereto.
Appears in 1 contract
With Respect to the Obligations. The Pledgor Guarantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the Pledgor, Guarantor and without notice to or further assent by the PledgorGuarantor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, Lender and any of the Obligations continued, and the Obligations, or the liability of any Loan Party or any other Person party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, surrendered or released by the Administrative Agent or any Lender, and the Credit Agreement, the other Loan Documents Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) Lender may deem advisable from time to time, and any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any The Lender shall not have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or for this Guaranty or any property subject thereto. The Pledgor waives When making any and all notice of demand hereunder against the creationGuarantor, renewalthe Lender may, extension or accrual of any of but shall be under no obligation to, make a similar demand on the Obligations and notice of or proof of reliance by the Administrative Agent Borrower or any Lender upon this Agreement; the Obligationsother guarantor, and any failure by the Lender to make any such demand or to collect any payments from the Borrower or any such other guarantor or any release of them, the Borrower or such other guarantor shall conclusively be deemed to have been created, contracted not relieve the Guarantor of its Obligations or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one handliabilities hereunder, and shall not impair or affect the Administrative Agent rights and remedies, express or implied, or as a matter of law, of the Lenders, on Lender against the other, Guarantor. For the purposes hereof “demand” shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreementinclude the commencement and continuance of any legal proceedings. The Pledgor Lender may release any Collateral pledged to it in its sole discretion, provided, however, in the event the Lender has received amounts from the Guarantor pursuant to this Guaranty, which amounts have not been reimbursed, the Lender shall not voluntarily release any Mortgage Loans to the Borrower under the Agreement, except as may be provided in the Agreement, without the consent of the Guarantor, which consent shall not unreasonably be withheld. The Guarantor hereby further consents to any renewal or modification of any Obligation or any extension of the time within which such is to be performed and to any other indulgences, whether before or after the date of this Guaranty, and waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligationsthereto.
Appears in 1 contract
Samples: Guaranty (Aames Financial Corp/De)
With Respect to the Obligations. The Pledgor Each Guarantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the Pledgor, such Guarantor and without notice to or further assent by the Pledgorsuch Guarantor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender Buyer Party to Seller may be rescinded by the Administrative Agent or such Lender, applicable Buyer Parties and any of the Obligations continued, and the Obligations, or the liability of any Loan Party or any other Person party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, terminated, waived, surrendered, surrendered or released by the Administrative Agent or any LenderBuyer Party, and the Credit Agreement, the other Loan Documents Series 2023-MSRVF1 Repurchase Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in 755039565 22720164 whole or in part, as the Lenders (or the Required Lenders, as the case may be) Buyer Parties may deem advisable from time to time, and any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the Administrative Agent or any Lender Buyer Party for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender No Buyer Party shall have any obligation to protect, secure, perfect or insure any other Lien lien at any time held by it as security for the Obligations or for this Guaranty or any property subject thereto. The Pledgor waives When making any and all notice of demand hereunder against any Guarantor, the creationBuyer Parties may, renewalbut shall be under no obligation to, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Agreement; the Obligationsmake a similar demand on Seller, and any failure the Buyer Parties to make any such demand or to collect any payments from Seller or any release of them, Seller shall conclusively be deemed to have been created, contracted not relieve any Guarantor of its obligations or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one handliabilities hereunder, and shall not impair or affect the Administrative Agent rights and remedies, express or implied, or as a matter of law, of the LendersBuyer Parties against such Guarantor. For the purposes hereof “demand” shall include, on without limitation, the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment commencement and notice continuance of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligationsany legal proceedings.
Appears in 1 contract
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Company or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Agreement, the Term Loan Notes, the Security Documents, the other Loan Credit Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither None of the Administrative Agent nor any Lender and the Lenders shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Pledge Agreement; the Obligations, and any of them, them shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation the Company and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Company, the Pledgor or any other obligor with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender Trustee may be rescinded by the Administrative Agent or such LenderTrustee, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Stock Issuer or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, surrendered or released by the Administrative Agent or any LenderTrustee, and the Credit Agreement, the other Loan Documents and any other documents executed and delivered document in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) Trustee may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender Trustee for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender The Trustee shall have any no obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender Trustee upon this Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between Corporation the Stock Issuer, the maker of the Pledged Note, the Pledgor and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, Trustee shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers the Stock Issuer or the Pledgor with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender SBA may be rescinded by the Administrative Agent or such LenderSBA, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Pledgor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any LenderSBA, and the Credit Agreement, the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) SBA may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender SBA for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender SBA shall not have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender SBA upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation and the Pledgor, on the one hand, and the Administrative Agent and the LendersSBA, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice (except as required by the Regulations) of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent Agent, the Issuing Lender or any Lender may be rescinded by the Administrative Agent Agent, the Issuing Lender or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Company or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent Agent, the Issuing Lender or any Lender, and the Credit Agreement, the Notes, the Security Documents, the other Loan Documents Credit Documents, any Interest Rate Agreement entered into with any Lender or Lenders and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent Agent, the Issuing Lender or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither None of the Administrative Agent nor any Agent, the Issuing Lender and the Lenders shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent Agent, the Issuing Lender or any Lender upon this Pledge Agreement; the Obligations, and any of them, them shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation the Company and the Pledgor, on the one hand, and the Administrative Agent Agent, the Issuing Lender and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers the Company or the Pledgor with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor Guarantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the Pledgor, Guarantor and without notice to or further assent by the PledgorGuarantor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, Lender and any of the Obligations continued, and the Obligations, or the liability of any Loan Party or any other Person party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, surrendered or released by the Administrative Agent or any Lender, and the Credit Agreement, the other Loan Documents Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) Lender may deem advisable from time to time, and any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any The Lender shall not have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or for this Guaranty or any property subject thereto. The Pledgor waives When making any and all notice of demand hereunder against the creationGuarantor, renewalthe Lender may, extension or accrual of any of but shall be under no obligation to, make a similar demand on the Obligations and notice of or proof of reliance by the Administrative Agent Borrowers or any Lender upon this Agreement; the Obligationsother guarantor, and any failure by the Lender to make any such demand or to collect any payments from the Borrowers or any such other guarantor or any release of them, the Borrowers or such other guarantor shall conclusively be deemed to have been created, contracted not relieve the Guarantor of its Obligations or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one handliabilities hereunder, and shall not impair or affect the Administrative Agent rights and remedies, express or implied, or as a matter of law, of the Lenders, on Lender against the other, Guarantor. For the purposes hereof "demand" shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreementinclude the commencement and continuance of any legal proceedings. The Pledgor Lender may release any Collateral pledged to it in its sole discretion, provided, however, in the event the Lender has received amounts from the Guarantor pursuant to this Guaranty, which amounts have not been reimbursed, the Lender shall not voluntarily release any Pledged Securities to the Lender under the Agreement, except as may be provided in the Agreement, without the consent of the Guarantor, which consent shall not unreasonably be withheld. The Guarantor hereby further consents to any renewal or modification of any Obligation or any extension of the time within which such is to be performed and to any other indulgences, whether before or after the date of this Guaranty, and waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligationsthereto.
Appears in 1 contract
Samples: Guaranty (Aames Financial Corp/De)
With Respect to the Obligations. The Pledgor Until the Obligations shall have been paid or performed in full, and subject to the provisions of Section 11 of this Guarantee, Guarantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the PledgorGuarantor, and without notice to or further assent by the PledgorGuarantor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender Buyer may be rescinded by the Administrative Agent or such Lender, Buyer and any of the Obligations continued, and the Obligations, or the liability of any Loan Party or any other Person party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, surrendered or released by the Administrative Agent or any LenderBuyer, and the Credit Agreement, the other Loan Documents any Repurchase Document and any other documents executed and delivered document in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) Buyer may deem advisable from time to time, and any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the Administrative Agent or any Lender Buyer for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender Buyer shall have any no obligation to protect, secure, perfect or insure any other Lien lien at any time held by it as security for the Obligations or for this Guarantee or any property subject thereto. The Pledgor waives When making any and all notice of the creationdemand hereunder against Guarantor, renewalBuyer may, extension or accrual of but shall be under no obligation to, make a similar demand on any of the Obligations and notice of or proof of reliance by the Administrative Agent Seller or any Lender upon this Agreement; the Obligationsother guarantor, and any failure by Buyer to make any such demand or to collect any payments from any such Seller or any such other guarantor or any release of them, any such Seller or such other guarantor shall conclusively be deemed to have been created, contracted not relieve Guarantor of its Obligations or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one handliabilities hereunder, and shall not impair or affect the Administrative Agent rights and remedies, express or implied, or as a matter of law, of Buyer against Guarantor. For the Lenders, on purposes hereof “demand” shall include the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment commencement and notice continuance of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligationsany legal proceedings.
Appears in 1 contract
Samples: Master Repurchase and Securities Contract (Ares Commercial Real Estate Corp)
With Respect to the Obligations. The Pledgor Borrower and each Guarantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the Pledgor, Borrower or any Guarantor and without notice to or further assent by the PledgorBorrower or any Guarantor, any demand for payment of any of the Obligations or Guarantor Hedge Agreement Obligations made by the Administrative Agent or any Lender Secured Party may be rescinded by the Administrative Agent or such Lender, Secured Party and any of the Obligations or Guarantor Hedge Agreement Obligations continued, and the Obligations or Guarantor Hedge Agreement Obligations, or the liability of any Loan Party or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, surrendered or released by the Administrative Agent or any LenderSecured Party (with the consent of such of the Borrower and the Guarantor as shall be required thereunder), and the Specified Hedge Agreements, the Credit Agreement, Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders Administrative Agent (or the Required Lenders or all Lenders, as the case may be) may (with the consent of such of the Borrower and the Guarantor as shall be required thereunder) deem advisable from time to time, and any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the Administrative Agent or any Lender Secured Party for the payment of the Obligations or Guarantor Hedge Agreement Obligations may (with the consent of such of the Borrower and the Guarantor as shall be required thereunder) be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall Secured Party shall, except to the extent set forth in, and for the benefit of the parties to, the agreements and instruments governing such Lien or guarantee, have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or Guarantor Hedge Agreement Obligations or for the guarantees contained in this Section 9.4 or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.
Appears in 1 contract
Samples: Security and Guarantee Agreement (National Coal Corp)
With Respect to the Obligations. The Pledgor Company shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, hereby notwithstanding that, without any reservation of rights against the PledgorCompany, and without notice to or further assent by the PledgorCompany, any demand for payment of any of the Obligations made by the Administrative Agent Agent, the Issuing Lender or any Lender may be rescinded by the Administrative Agent Agent, the Issuing Lender or such any Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Company or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent Agent, the Issuing Lender or any Lender, and the Credit Agreement, the Notes, the other Loan Credit Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (Administrative Agent, the Issuing Lender or the Required Lenders, as the case may be) any Lender may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent Agent, the Issuing Lender or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither None of the Administrative Agent nor Agent, the Issuing Lender or any Lender shall have any obligation to protect, secure, perfect or insure this or any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor Company waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent Agent, the Issuing Lender or any Lender upon this Security Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Security Agreement; and all dealings between Corporation and the Pledgor, on the one hand, Company and the Administrative Agent and Agent, the Lenders, on the otherIssuing Lender or any Lender, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Security Agreement. The Pledgor Company waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor Company with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor Guarantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the Pledgor, Guarantor and without notice to or further assent by the PledgorGuarantor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender Buyer may be rescinded by the Administrative Agent or such Lender, Buyer and any of the Obligations continued, and the Obligations, or the liability of any Loan Party or any other Person party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, surrendered or released by the Administrative Agent or any LenderBuyer, and the Credit Agreement, the other Loan Documents Master Repurchase Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) Buyer may deem advisable from time to time, and any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the Administrative Agent or any Lender Buyer for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender The Buyer shall not have any obligation to protect, secure, perfect or insure any other Lien lien at any time held by it as security for the Obligations or for this Guaranty or any property subject thereto. The Pledgor waives When making any and all notice of demand hereunder against the creationGuarantor, renewalthe Buyer may, extension or accrual of any of but shall be under no obligation to, make a similar demand on the Obligations and notice of or proof of reliance by the Administrative Agent Seller or any Lender upon this Agreement; the Obligationsother guarantor, and any failure by the Buyer to make any such demand or to collect any payments from the Seller or any such other guarantor or any release of them, the Seller or such other guarantor shall conclusively be deemed to have been created, contracted not relieve the Guarantor of its obligations or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one handliabilities hereunder, and shall not impair or affect the Administrative Agent rights and remedies, express or implied, or as a matter of law, of the Lenders, on Buyer against the other, Guarantor. For the purposes hereof "demand" shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment include the commencement and notice continuance of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligationsany legal proceedings.
Appears in 1 contract
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Pledgor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Agreement, the Notes, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice (except as required by the Loan Documents or applicable law) of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor To the maximum extent permitted by law, each Guarantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the Pledgor, any Guarantor and without notice to or further assent by the Pledgorany Guarantor, any demand for payment of any of the Borrower Obligations made by the U.S. Collateral Agent, the U.S. Administrative Agent or any Lender other Secured Party may be rescinded by the U.S. Collateral Agent, the U.S. Administrative Agent or such Lender, other Secured Party and any of the Borrower Obligations continued, and the Borrower Obligations, or the liability of any Loan Party or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, waived, modified, accelerated, compromised, subordinated, waived, surrendered, surrendered or released by the U.S. Collateral Agent, the U.S. Administrative Agent or any Lenderother Secured Party, and the Credit Agreement, Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, waived, modified, supplemented or terminated, in whole or in part, as the Lenders U.S. Collateral Agent or the U.S. Administrative Agent (or the Required LendersLenders or the applicable Lenders(s), as the case may be) may deem advisable from time to time, and any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the U.S. Collateral Agent, the U.S. Administrative Agent or any Lender other Secured Party for the payment of any of the Borrower Obligations may be sold, exchanged, waived, surrendered or released. Neither None of the U.S. Collateral Agent, the U.S. Administrative Agent nor any Lender and each other Secured Party shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for any of the Borrower Obligations or for the guarantee contained in this Section 2 or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect except to the Obligationsextent required by applicable law.
Appears in 1 contract
Samples: Credit Agreement (RSC Holdings Inc.)
With Respect to the Obligations. The Pledgor Each Assignor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, hereby notwithstanding that, without any reservation of rights against the Pledgorany Assignor, and without notice to or further assent by the Pledgorsuch Assignor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender Secured Creditor may be rescinded by the Administrative Agent or such Lenderany Secured Creditor, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party each Assignor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any LenderSecured Creditor, and the Credit Agreement, the Notes, the other Loan Documents Credit Documents, any Interest Rate Agreements and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders Administrative Agent, the Co-Arrangers (subject to subsection 12.16 of the Credit Agreement), the Issuing Lender, any Lender or the Required Lenders, as the case may be) any Other Creditor may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent Agent, the Issuing Lender or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither None of the Administrative Agent nor any Lender Secured Creditors shall have any obligation to protect, secure, perfect or insure this or any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor Each Assignor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender Secured Creditors upon this Security Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Security Agreement; and all dealings between Corporation and the Pledgor, on the one hand, any Assignor and the Administrative Agent and Agent, any other Agent, the Lenders, on the otherIssuing Lender or any Lender, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Security Agreement. The Pledgor Each Assignor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor such Assignor with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, hereunder and the Collateral shall remain subject to the Liens lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender Pledgee may be rescinded by the Administrative Agent or such LenderPledgee, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party Pledgor or any other Person person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit AgreementPledgee, the other Loan Documents Note, this Pledge Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) Pledgee may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender Pledgee for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender The Pledgee shall not have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender Pledgee upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation the Pledgee and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, Pledgor shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers the Pledgee or the Pledgor with respect to the Obligations.
Appears in 1 contract
Samples: Pledge Agreement (Sandata Inc)
With Respect to the Obligations. WAIVER OF RIGHTS. The Pledgor Guarantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the PledgorGuarantor, and without notice to or further assent by the PledgorGuarantor, any demand for payment of any of the Obligations made by the Administrative Agent Trustee or any Lender Holder may be rescinded by the Administrative Agent Trustee or such LenderHolder, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party or any other Person party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, surrendered or released by the Administrative Agent Trustee or any LenderHolder, and the Credit Agreement, the other Loan Bond Financing Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the Administrative Agent Trustee or any Lender Holder for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent Trustee nor any Lender Holder shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or for this Guarantee or any property subject thereto. The Pledgor waives When making any and all notice of demand hereunder against the creationGuarantor, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent Trustee or any Lender upon this Agreement; Holder may, but shall be under no obligation to, make a similar demand on the ObligationsCompany or any other guarantor, and any failure by the Trustee or any Holder to make any such demand or to collect any payments from the Company or any such other guarantor or any release of them, the Company or such other guarantor shall conclusively be deemed to have been created, contracted not relieve the Guarantor of its obligations or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one handliabilities hereunder, and shall not impair or affect the Administrative Agent rights and remedies, express or implied, or as a matter of law, of the Lenders, on Trustee or any Holder against the other, Guarantor. For the purposes hereof "demand" shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment include the commencement and notice continuance of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligationsany legal proceedings.
Appears in 1 contract
Samples: Bond Debt Service Reserve Guarantee (Edison Mission Finance Co)
With Respect to the Obligations. The Pledgor shall remain ----------------------------------------------- obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Borrowers or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or in right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, surrendered or released by the Administrative Agent Lender or any Lender, and the Credit Loan Agreement, the Note, the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) Lender may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any The Lender shall have any no obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation Lehi, Plymouth and the Pledgor, on the one hand, and the Administrative Agent and the LendersLender, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor or any other Person with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor Borrower and each Guarantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the Pledgor, Borrower or any Guarantor and without notice to or further assent by the PledgorBorrower or any Guarantor, any demand for payment of any of the Obligations or Guarantor Hedge Agreement Obligations made by the Administrative Agent or any Lender Secured Party may be rescinded by the Administrative Agent or such Lender, Secured Party and any of the Obligations or Guarantor Hedge Agreement Obligations continued, and the Obligations or Guarantor Hedge Agreement Obligations, or the liability of any Loan Party or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, surrendered or released by the Administrative Agent or any LenderSecured Party (with the consent of such of the Borrower and the Guarantor as shall be required thereunder), and the Specified Hedge Agreements, the Credit Agreement, Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders Administrative Agent (or the Required Lenders or all Lenders, as the case may be) may (with the consent of such of the Borrower and the Guarantor as shall be required thereunder) deem advisable from time to time, and any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the Administrative Agent or any Lender Secured Party for the payment of the Obligations or Guarantor Hedge Agreement Obligations may (with the consent of such of the Borrower and the Guarantor as shall be required thereunder) be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall Secured Party shall, except to the extent set forth in, and for the benefit of the parties to, the agreements and instruments governing such Lien or guarantee, have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or Guarantor Hedge Agreement Obligations or for the guarantees contained in this SECTION 9.4 or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.
Appears in 1 contract
Samples: Security and Guarantee Agreement (National Coal Corp)
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Borrower or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Agreement, the Notes, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice (except as required by the Credit Agreement) of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.
Appears in 1 contract
Samples: Pledge and Security Agreement (Insignia Properties Trust /)
With Respect to the Obligations. The Pledgor Company shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, hereby notwithstanding that, without any reservation of rights against the PledgorCompany, and without notice to or further assent by the PledgorCompany, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender Secured Creditor may be rescinded by the Administrative Agent Agent, any other Agent, the Issuing Lender or such any Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Company or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent Agent, the Issuing Lender or any Lender, and the Credit Agreement, the Notes, the other Loan Documents Credit Documents, any Interest Rate Agreements and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders Administrative Agent, any other Co-Arranger (subject to subsection 12.16 of the Credit Agreement), the Issuing Lender, any Lender or the Required Lenders, as the case may be) any Other Creditor may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent Agent, the Issuing Lender or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither None of the Administrative Agent nor any Lender Secured Creditors shall have any obligation to protect, secure, perfect or insure this or any other Lien at any time held by it as security for the Obligations or any property subject thereto. 211 The Pledgor Company waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender Secured Creditors upon this Security Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Security Agreement; and all dealings between Corporation and the Pledgor, on the one hand, Company and the Administrative Agent and Agent, any other Agent, the Lenders, on the otherIssuing Lender or any Lender, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Security Agreement. The Pledgor Company waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor Company with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor Each Grantor ------------------------------------------------ shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, hereby notwithstanding that, without any reservation of rights against the Pledgorany Grantor, and without notice to or further assent by the Pledgorsuch Grantor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender Secured Party may be rescinded by the Administrative Agent or such Lenderany Secured Party, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party each Grantor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any LenderSecured Party, and the Corporate Credit Agreement, the Notes, the other Loan Documents Corporate Credit Documents, the other Synthetic Credit Documents, any Interest Rate Agreements and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (Administrative Agent or the Required Lenders, as the case may be) any Secured Party may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender Secured Party for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender Secured Party shall have any obligation to protect, secure, perfect or insure this or any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor Each Grantor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender Secured Party upon this Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one hand, any Grantor and the Administrative Agent and the Lenders, on the otheror any Secured Party, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor Each Grantor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor such Grantor with respect to the Obligations.
Appears in 1 contract
Samples: Collateral Agreement (Sailors Inc)
With Respect to the Obligations. The Pledgor Guarantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the Pledgor, Guarantor and without notice to or further assent by the PledgorGuarantor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, Lender and any of the Obligations continued, and the Obligations, or the liability of any Loan Party or any other Person party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, surrendered or released by the Administrative Agent or any Lender, and the Credit Agreement, the other Loan Documents Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) Lender may deem advisable from time to time, and any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any The Lender shall not have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or for this Guaranty or any property subject thereto. The Pledgor waives When making any and all notice of demand hereunder against the creationGuarantor, renewalthe Lender may, extension or accrual of any of but shall be under no obligation to, make a similar demand on the Obligations and notice of or proof of reliance by the Administrative Agent Borrower or any Lender upon this Agreement; the Obligationsother guarantor, and any failure by the Lender to make any such demand or to collect any payments from the Borrower or any such other guarantor or any release of them, the Borrower or such other guarantor shall conclusively be deemed to have been created, contracted not relieve the Guarantor of its obligations or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one handliabilities hereunder, and shall not impair or affect the Administrative Agent rights and remedies, express or implied, or as a matter of law, of the Lenders, on Lender against the other, Guarantor. For the purposes hereof "demand" shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment include the commencement and notice continuance of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligationsany legal proceedings.
Appears in 1 contract
Samples: Guaranty (Aames Financial Corp/De)
With Respect to the Obligations. The Pledgor Pledgors shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the PledgorPledgors, and without notice to or further assent by the PledgorPledgors, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Pledgors or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Agreement, the Notes, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives Pledgors waive any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation and the PledgorPledgors, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The Pledgor waives Pledgors waive diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor Pledgors with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Pledgor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Agreement, the Notes, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The To the extent permitted by Applicable Law, the Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Pledgor Each Grantor shall remain obligated hereunder, and the Collateral such Grantor’s obligations hereunder shall remain subject to the Liens granted herebynot be released, discharged or otherwise affected, notwithstanding that, without any reservation of rights against the Pledgor, any Grantor and without notice to to, demand upon or further assent by the Pledgorany Grantor (which notice, demand and assent requirements are hereby expressly waived by such Grantor), (a) any demand for payment of any of the Borrower Obligations made by the Administrative Agent or any Lender Secured Creditor may be rescinded by the Administrative Agent such Secured Creditor or such Lender, otherwise and any of the Borrower Obligations continued, and ; (b) the Borrower Obligations, or the liability of any Loan Party or any other Person upon or for any part thereof, thereof or any collateral security or pledge or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrenderedsurrendered or released by, or released by the Administrative Agent any indulgence or forbearance in respect thereof granted by, any Lender, and the Credit Agreement, the other Loan Documents and Secured Creditor; (c) any other documents executed and delivered in connection therewith Secured Document may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) Secured Creditors may deem advisable from time to time; (d) any collateral security, and any guaranteepledge, guarantee or right of offset or other collateral security at any time held by the Administrative Agent or any Lender Secured Creditor for the payment of the Borrower Obligations may be sold, exchanged, waived, surrendered or released; (e) any additional guarantors, makers or endorsers of the Borrower Obligations may from time to time be obligated on the Borrower Obligations or any additional security or collateral for the payment and performance of the Borrower Obligations may from time to time secure the Borrower Obligations; and (f) any other event shall occur which constitutes a defense or release of sureties generally. Neither the Administrative Agent nor any Lender No Secured Creditor shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Borrower Obligations or for the pledge and security grants contained in this ARTICLE II or any property Property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.
Appears in 1 contract
Samples: Collateral Agreement (Universal Compression Partners, L.P.)
With Respect to the Obligations. The Each Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, notwithstanding that, without any reservation of rights against the such Pledgor, and without notice to or further assent by the such Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party such Pledgor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Agreement, the Notes, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Each Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation and the any Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The To the extent permitted by Applicable Law, each Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the such Pledgor with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Each Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, notwithstanding that, without any reservation of rights against the such Pledgor, and without notice to or further assent by the such Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or Agent, any Lender or Infogrames U.S., as the case may be, may be rescinded by the Administrative Agent Agent, such Lender or such LenderInfogrames U.S., as the case may be, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party such Pledgor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent Agent, any Lender or any LenderInfogrames U.S., as the case may be, and the Credit Agreement, the Notes, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) ), or, with respect to the Infogrames Bridge Loan Note and Infogrames Bridge Loan Documents, as Infogrames U.S., may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or Agent, any Lender or Infogrames U.S. for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither None of the Administrative Agent nor Agent, any Lender or Infogrames U.S. shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the their respective Obligations or any property subject thereto. The Each Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or Agent, any Lender or Infogrames U.S. upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation and the any Pledgor, on the one hand, and the Administrative Agent Agent, the Lenders and the LendersInfogrames U.S., on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The To the extent permitted by 14 14 Applicable Law, each Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the such Pledgor with respect to the Obligations.
Appears in 1 contract
With Respect to the Obligations. The Each Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, notwithstanding that, without any reservation of rights against the such Pledgor, and without notice to or further assent by the such Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or Agent, any Lender or Infogrames U.S., as the case may be, may be rescinded by the Administrative Agent Agent, such Lender or such LenderInfogrames U.S., as the case may be, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party such Pledgor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent Agent, any Lender or any LenderInfogrames U.S., as the case may be, and the Credit Agreement, the Notes, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) ), or, with respect to the Infogrames Bridge Loan Note and Infogrames Bridge Loan Documents, as Infogrames U.S., may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or Agent, any Lender or Infogrames U.S. for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither None of the Administrative Agent nor Agent, any Lender or Infogrames U.S. shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the their respective Obligations or any property subject thereto. The Each Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or Agent, any Lender or Infogrames U.S. upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation and the any Pledgor, on the one hand, and the Administrative Agent Agent, the Lenders and the LendersInfogrames U.S., on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Pledge Agreement. The To the extent permitted by Applicable Law, each Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the such Pledgor with respect to the Obligations.
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With Respect to the Obligations. The Pledgor Each Guarantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the Pledgor, such Guarantor and without notice to or further assent by the Pledgorsuch Guarantor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender Buyer Party to Seller may be rescinded by the Administrative Agent or such Lender, applicable Buyer Parties and any of the Obligations continued, and the Obligations, or the liability of any Loan Party or any other Person party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, 755039518 22720164 accelerated, compromised, terminated, waived, surrendered, surrendered or released by the Administrative Agent or any LenderBuyer Party, and the Credit Agreement, the other Loan Documents Series 2020-SPIADVF1 Repurchase Agreement and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) Buyer Parties may deem advisable from time to time, and any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the Administrative Agent or any Lender Buyer Party for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender No Buyer Party shall have any obligation to protect, secure, perfect or insure any other Lien lien at any time held by it as security for the Obligations or for this Guaranty or any property subject thereto. The Pledgor waives When making any and all notice of demand hereunder against any Guarantor, the creationBuyer Parties may, renewalbut shall be under no obligation to, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Agreement; the Obligationsmake a similar demand on Seller, and any failure the Buyer Parties to make any such demand or to collect any payments from Seller or any release of them, Seller shall conclusively be deemed to have been created, contracted not relieve any Guarantor of its obligations or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one handliabilities hereunder, and shall not impair or affect the Administrative Agent rights and remedies, express or implied, or as a matter of law, of the LendersBuyer Parties against such Guarantor. For the purposes hereof “demand” shall include, on without limitation, the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment commencement and notice continuance of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligationsany legal proceedings.
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With Respect to the Obligations. The Pledgor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens Lien granted hereby, notwithstanding that, without any reservation of rights against the Pledgor, and without notice to or further assent by the Pledgor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender, and any of the Obligations continued, and the Obligations, or the liability of any Loan Party the Pledgor or any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, or released by the Administrative Agent or any Lender, and the Credit Loan Agreement, the Notes, any other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or part, as the Lenders (or the Required Lenders, as the case may be) may deem advisable from time to time, and any guarantee, right of offset or other collateral security at any time held by the Administrative Agent or any Lender for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any other Lien at any time held by it as security for the Obligations or any property subject thereto. The Pledgor waives any and all notice of the creation, renewal, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent or any Lender upon this Pledge Agreement; the Obligations, and any of them, shall conclusively be deemed to have been created, contracted or incurred in reliance upon this Pledge Agreement; and all dealings between Corporation and the Pledgor, on the one hand, and the Administrative Agent and the Lenders, on the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment and notice of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligations.all
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With Respect to the Obligations. The Pledgor Until the Obligations shall have been paid or performed in full, and subject to the provisions of Section 11 of this Guarantee, Guarantor shall remain obligated hereunder, and the Collateral shall remain subject to the Liens granted hereby, hereunder notwithstanding that, without any reservation of rights against the PledgorGuarantor, and without notice to or further assent by the PledgorGuarantor, any demand for payment of any of the Obligations made by the Administrative Agent or any Lender Buyer may be rescinded by the Administrative Agent or such Lender, Buyer and any of the Obligations continued, and the Obligations, or the liability of any Loan Party or any other Person party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered, surrendered or released by the Administrative Agent or any LenderBuyer, and the Credit Agreement, the other Loan Documents any Repurchase Document and any other documents executed and delivered document in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Lenders (or the Required Lenders, as the case may be) Buyer may deem advisable from time to time, and any guaranteecollateral security, guarantee or right of offset or other collateral security at any time held by the Administrative Agent or any Lender Buyer for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender Buyer shall have any no obligation to protect, secure, perfect or insure any other Lien lien at any time held by it as security for the Obligations or for this Guarantee or any property subject thereto. The Pledgor waives When making any and all notice of the creationdemand hereunder against Guarantor, renewalBuyer may, extension or accrual of any of the Obligations and notice of or proof of reliance by the Administrative Agent but shall be under no obligation to, make a similar demand on Seller or any Lender upon this Agreement; the Obligationsother guarantor, and any failure by Buyer to make any such demand or to collect any payments from Seller or any such other guarantor or any release of them, Seller or such other guarantor shall conclusively be deemed to have been created, contracted not relieve Guarantor of its Obligations or incurred in reliance upon this Agreement; and all dealings between Corporation and the Pledgor, on the one handliabilities hereunder, and shall not impair or affect the Administrative Agent rights and remedies, express or implied, or as a matter of law, of Buyer against Guarantor. For the Lenders, on purposes hereof "demand" shall include the other, shall likewise be conclusively presumed to have been had or consummated in reliance upon this Agreement. The Pledgor waives diligence, presentment, protest, demand for payment commencement and notice continuance of default or nonpayment to or upon Borrowers or the Pledgor with respect to the Obligationsany legal proceedings.
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Samples: Guarantee Agreement (Ares Commercial Real Estate Corp)