Common use of Action with Respect to Guarantied Obligations Clause in Contracts

Action with Respect to Guarantied Obligations. The Lenders, the Issuing Bank, the Swingline Lender, and the Administrative Agent may, at any time and from time to time, without the consent of, or notice to, any Guarantor, and without discharging any Guarantor from its obligations hereunder, take any and all actions described in Section 3 and may otherwise: (a) amend, modify, alter or supplement the terms of any of the Guarantied Obligations, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations or changing the interest rate that may accrue on any of the Guarantied Obligations; (b) amend, modify, alter or supplement the Credit Agreement or any other Loan Document; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Obligations; (d) release any other Loan Party or other Person liable in any manner for the payment or collection of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the Borrower, any other Loan Party or any other Person; and (f) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Lenders shall elect.

Appears in 1 contract

Sources: Credit Agreement (DiamondRock Hospitality Co)

Action with Respect to Guarantied Obligations. The Lenders, the Issuing Bank, the Swingline Lender, and the Administrative Agent Guarantied Parties may, at any time and from time to time, pursuant to the terms of the Guarantied Documents, as applicable, without the consent of, or notice to, any the Guarantor, and without discharging any the Guarantor from its obligations hereunder, take any and all actions described in Section 3 and may otherwise: (a) amend, modify, alter or supplement the terms of any of the Guarantied Obligations, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations or changing the interest rate that may accrue on any of the Guarantied Obligations; (b) amend, modify, alter or supplement the Credit Agreement or any other Loan Guarantied Document; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Guarantied Obligations; (d) release the Company or any other Loan Party or other Person liable in any manner for the payment or collection of any of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the BorrowerCompany, any other Loan Party guarantor of the Guarantied Obligations or any other Person; and (f) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Lenders Guarantied Parties shall elect.

Appears in 1 contract

Sources: Note Purchase Agreement (Hudson Pacific Properties, L.P.)

Action with Respect to Guarantied Obligations. The Lenders, the Issuing Bank, the Swingline Lender, and the Administrative Agent Guaranteed Parties may, at any time and from time to time, pursuant to the terms of the Credit Documents or Specified Derivative Contract, as applicable, without the consent of, or notice to, any Guarantor, and without discharging any Guarantor from its obligations hereunder, take any and all actions described in Section 3 3. and may otherwise: (a) amend, modify, alter or supplement the terms of any of the Guarantied Obligations, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations or changing the interest rate that may accrue on any of the Guarantied Obligations; (b) amend, modify, alter or supplement the Credit Agreement or any other Loan Credit Document; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Guarantied Obligations; (d) release any other Loan Party or other Person liable in any manner for the payment or collection of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the Borrower, any other Loan Party or any other Person; and (f) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Lenders Guarantied Parties shall elect.

Appears in 1 contract

Sources: Credit Agreement (Hudson Pacific Properties, Inc.)

Action with Respect to Guarantied Obligations. The Lenders, the Issuing Bank, the Swingline Lender, and the Administrative Agent Guaranteed Parties may, at any time and from time to time, without the consent of, or notice to, any Guarantor, and without discharging any Guarantor from its obligations hereunder, take any and all actions described in Section 3 of this Guaranty and, in accordance with the terms of the Loan Agreement and this Guaranty, may otherwise: (a) amend, modify, alter or supplement the terms of any of the Guarantied Obligations, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations or changing the interest rate that may accrue on any of the Guarantied Obligations; (b) amend, modify, alter or supplement the Credit Loan Agreement or any other Loan Document; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Guarantied Obligations; (d) release any other Loan Party or other Person liable in any manner for the payment or collection of any of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the Borrower, any other Loan Party or any other Person; and (f) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Lenders Guarantied Parties shall elect.

Appears in 1 contract

Sources: Credit Agreement (Lexington Realty Trust)

Action with Respect to Guarantied Obligations. The Lenders, the Issuing Bank, the Swingline Lender, Agent and the Administrative Agent Lender Hedge Providers may, at any time and from time to time, without the consent of, or notice to, any Guarantor, and without discharging any Guarantor from its obligations hereunder, take any and all actions described in Section 3 and may otherwise: (a) amend, modify, alter or supplement the terms of any of the Guarantied Obligations, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations or changing the interest rate that may accrue on any of the Guarantied Obligations; (b) amend, modify, alter or supplement the Credit Term Loan Agreement or any other Loan DocumentDocument or the Interest Rate Hedge; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Obligations or the Hedge Obligations; (d) release any other Loan Party or other Person liable in any manner for the payment or collection of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the Borrower, any other Loan Party Guarantor or any other Person; and (f) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Lenders shall elect.

Appears in 1 contract

Sources: Term Loan Agreement (Kite Realty Group, L.P.)

Action with Respect to Guarantied Obligations. The Lenders, the Issuing Bank, the Swingline Lender, Administrative Agent and the Administrative Agent other Guarantied Parties may, at any time and from time to time, without the consent of, or notice to, any Guarantor, and without discharging any Guarantor from its obligations hereunder, take any and all actions described in Section 3 3. and may otherwise: (a) amend, modify, alter or supplement the terms of any of the Guarantied ObligationsObligations in accordance with the terms thereof, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations or changing the interest rate that may accrue on any of the Guarantied Obligations; (b) amend, modify, alter or supplement the Credit Agreement or any other Loan Credit Document; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Guarantied Obligations; (d) release any other Loan Party or other Person liable in any manner for the payment or collection of any of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the any Borrower, any other Loan Party or any other Person; and (f) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Lenders Administrative Agent and the other Guarantied Parties shall elect.

Appears in 1 contract

Sources: Credit Agreement (Park Hotels & Resorts Inc.)

Action with Respect to Guarantied Obligations. The Lenders, the Issuing Bank, the Swingline Lender, and the Administrative Agent Noteholders may, at any time and from time to time, without the consent of, or notice to, any Subsidiary Guarantor, and without discharging any Subsidiary Guarantor from its obligations hereunder, take any and all actions described in Section 3 and may otherwise: (a) amend, modify, alter or supplement the terms of any of the Guarantied Obligations, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations or changing the interest rate that may accrue on any of the Guarantied Obligations; (b) amend, modify, alter or supplement the Credit Note Agreement or any other Loan Documentthe Notes; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Guarantied Obligations; (d) release the Company, the Parent, any other Loan Party Subsidiary Guarantor or any other Person liable in any manner for the payment or collection of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the BorrowerCompany, the Parent, any other Loan Party Subsidiary Guarantor or any other Person; and (f) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Lenders Noteholders shall elect.

Appears in 1 contract

Sources: Note Purchase Agreement (Kite Realty Group, L.P.)

Action with Respect to Guarantied Obligations. The LendersEach of the Agent, the Issuing Bank, Lenders and the Swingline Lender, and the Administrative Agent Lender may, at any time and from time to time, without the consent of, or notice to, any Guarantor, and without discharging any Guarantor from its obligations hereunder, hereunder take any and all actions described in Section 3 3. and may otherwise: (a) amend, modify, alter or supplement the terms of any of the Guarantied Obligations, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations or changing the interest rate that may accrue on any of the Guarantied Obligations; (b) amend, modify, alter or supplement the Credit Agreement or any other Loan Document; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Guarantied Obligations; (d) release any other Loan Party or other Person liable in any manner for the payment or collection of the Guarantied Obligations; (e) exercise, or refrain from exercising, any rights against the Borrower, any other Loan Party or any other Person; and (f) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Agent, the Lenders or the Swingline Lender shall elect.

Appears in 1 contract

Sources: Credit Agreement (Physicians Specialty Corp)

Action with Respect to Guarantied Obligations. The Lenders, the Issuing Bank, the Swingline Lender, and the Administrative Agent Guarantied Parties may, at any time and from time to time, without the consent of, or notice to, any Guarantor, and without discharging any Guarantor from its obligations hereunder, take any and all actions described in Section 3 and may otherwise: : (a) amend, modify, alter or supplement the terms of any of the Guarantied Obligations, including, but not limited to, extending or shortening the time of payment of any of the Guarantied Obligations or changing the interest rate that may accrue on any of the Guarantied Obligations; (b) amend, modify, alter or supplement the Credit Agreement or any other Loan Guarantied Document; (c) sell, exchange, release or otherwise deal with all, or any part, of any collateral securing any of the Obligations; (d) release any other Loan Credit Party or other Person liable in any manner for the payment or collection of any of the Guarantied Obligations; (ed) exercise, or refrain from exercising, any rights against the Borrower, any other Loan Credit Party or any other Person; and (fe) apply any sum, by whomsoever paid or however realized, to the Guarantied Obligations in such order as the Lenders Guarantied Parties shall electelect in their sole discretion.

Appears in 1 contract

Sources: Guaranty (Energy Transfer Partners, L.P.)