Common use of Modification of Obligations Clause in Contracts

Modification of Obligations. Each of the Guarantor and the Company hereby consents that, without the necessity of any reservation of rights against it and without notice to or further assent by it, any demand for payment of any of the Obligations or the Subsidiary Obligations made by any Agent or any Lender may be rescinded by such Agent or such Lender and any of the Obligations or the Subsidiary Obligations continued, and the Obligations and the Subsidiary Obligations, or the liability of any other 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 or released by such Agent or such Lender and this Agreement (other than the obligations specifically incurred by the Guarantor or the Company under this Article), any collateral security document or other guarantee or document in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as such Agent or such Lender may deem advisable from time to time, and any collateral security or guarantee or right of offset at any time held by any Agent or any Lender for the payment of the Obligations or the Subsidiary Obligations may be sold, exchanged, waived, surrendered or released, all without the necessity of any reservations of rights against the Guarantor or the Company and without notice to or further assent by the Guarantor or the Company (in respect of its guarantee hereunder), each of which will remain bound hereunder notwithstanding any such renewal, extension, supplement, termination, sale, exchange, waiver, surrender or release. No Agent or Lender shall have any obligation to protect, secure, perfect or insure any collateral security document or property subject thereto at any time held as security for the Obligations or the Subsidiary

Modification of Obligations. Each of If the Guarantor and the Company hereby consents that, without the necessity of Guaranteed Parties shall at any reservation of rights against it and without notice to time or further assent by it, any demand for payment of any of the Obligations or the Subsidiary Obligations made by any Agent or any Lender may be rescinded by such Agent or such Lender and any of the Obligations or the Subsidiary Obligations continued, and the Obligations and the Subsidiary Obligations, or the liability of any other 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 with or without the consent of, or notice to, the Guarantor: (a) change or extend the manner, place or terms of payment of, or renew or alter all or any portion of, the Obligations; (b) take any action under or in partrespect of the Credit Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges; (c) amend or modify, in any manner whatsoever, the Credit Documents; (d) extend or waive the time for and of the Guarantor’s, any Loan Party’s or any other Person’s performance of, or compliance with, any term, covenant or agreement on its part to be renewedperformed or observed under the Credit Documents, extendedor waive such performance or compliance or consent to a failure of, amendedor departure from, modifiedsuch performance or compliance; (e) take and hold security or collateral for the payment of the Obligations, acceleratedor sell, compromisedexchange, waivedrelease, surrendered dispose of, or released by such Agent otherwise deal with, any property pledged, mortgaged or such Lender and this Agreement conveyed, or in which the Guaranteed Parties have been granted a Lien, to secure any indebtedness of the Guarantor or the Loan Parties to the Guaranteed Parties; (other than f) release or limit the obligations specifically incurred liability of anyone who may be liable in any manner for the payment of any amounts owed by the Guarantor or the Company under this Article), any collateral security document Loan Parties to the Guaranteed Parties; (g) modify or other guarantee or document in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as such Agent or such Lender may deem advisable from time to time, and any collateral security or guarantee or right of offset at any time held by any Agent or any Lender for terminate the payment of the Obligations or the Subsidiary Obligations may be sold, exchanged, waived, surrendered or released, all without the necessity terms of any reservations intercreditor or subordination agreement pursuant to which claims of rights against other creditors of the Guarantor or the Company and without notice Loan Parties are subordinated to the claims of the Guaranteed Parties; or (h) apply any sums by whomever paid or further assent however realized to any amounts owing by the Guarantor or the Company (Loan Parties to the Guaranteed Parties in respect such manner as the Guaranteed Parties shall determine in their discretion; then the Guaranteed Parties shall not incur any liability to the Guarantor pursuant hereto as a result thereof and no such action shall impair or otherwise affect or release the obligations of its guarantee hereunder), each of which will remain bound hereunder notwithstanding any such renewal, extension, supplement, termination, sale, exchange, waiver, surrender or release. No Agent or Lender shall have any obligation to protect, secure, perfect or insure any collateral security document or property subject thereto at any time held as security for the Obligations or the SubsidiaryGuarantor under this Guarantee.

Modification of Obligations. Each of the Guarantor HCNA and the Company each Borrower hereby consents that, without the necessity of any reservation of rights against it and without notice to or further assent by it, any demand for payment of any of the Obligations or the Subsidiary Obligations made by any the Administrative Agent, the Collateral Agent or any Lender may be rescinded by such the Administrative Agent, the Collateral Agent or such Lender Lender, respectively, and any of the Obligations or the Subsidiary Obligations continued, and the Obligations and the Subsidiary Obligations, or the liability of any other 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 or released by such the Administrative Agent, the Collateral Agent or such Lender and this Agreement (other than the obligations specifically incurred by HCNA and the Guarantor or the Company Borrowers under this ArticleSection 11), any Note, any Application, any Letter of Credit, any collateral security document or other guarantee or document in connection therewith may (in accordance with the provisions of this Agreement, including, without limitation, subsection 14.1) be amended, modified, supplemented or terminated, in whole or in part, as any such Administrative Agent, the Collateral Agent or such Lender may deem advisable from time to time, and any collateral security or guarantee or right of offset at any time held by any the Administrative Agent, the Collateral Agent or any Lender for the payment of the Obligations or the Subsidiary Obligations may be sold, exchanged, waived, surrendered or released, all without the necessity of any reservations of rights against the Guarantor HCNA or the Company any Borrower and without notice to or further assent by the Guarantor HCNA or the Company any Borrower (in respect of its guarantee hereunder), ) each of which will remain bound hereunder notwithstanding any such renewal, extension, supplement, termination, sale, exchange, waiver, surrender or release. No None of the Administrative Agent, the Collateral Agent or nor any Lender shall have any obligation to protect, secure, perfect or insure any collateral security document or property subject thereto at any time held as security for the Obligations Obligations. When making any demand hereunder against HCNA or any Borrower (in respect of its Guarantee hereunder), the SubsidiaryAdministrative Agent, the Collateral Agent or any Lender may, but shall be under no obligation to, make a similar demand on the relevant Borrower (in its capacity as a borrower) or upon any other guarantor, and any failure by the Administrative Agent, the Collateral Agent or such Lender to make any such demand or to collect any payments from HCNA or any such Borrower or any such other guarantor or any release of a Borrower or such other guarantor shall not relieve HCNA or any other Borrower (in respect of its guarantee hereunder) of its obligations and liabilities hereunder, and shall not impair or affect the rights and remedies, express or implied, or as a matter of law, of the Administrative Agent, the Collateral Agent or any Lender against HCNA or any Borrower. For purposes of this subsection 11.3, the term "demand" shall include the commencement and continuance of any legal proceedings.

Modification of Obligations. Each of the The Guarantor and the Company hereby consents that, without the necessity of any reservation of rights against it and without notice to or further assent by it, any demand made by the Administrative Agent or any Lender for payment of any of the Obligations or the Subsidiary Obligations made by any Agent or any Lender may be rescinded by such the Administrative Agent or such Lender and any of the Obligations or the such Subsidiary Obligations continued, and the Obligations and the Subsidiary Obligations, or the liability of any other 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 or released by such the Administrative Agent or such Lender and this Agreement (other than the obligations specifically incurred by the Guarantor as a Borrower or as the Company Guarantor under this Article)Section 8), any collateral security document or other guarantee or document in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as such the Administrative Agent or such Lender may deem advisable from time to time, and any collateral security or guarantee or right of offset at any time held by any the Administrative Agent or any Lender for the payment of the Obligations or the such Subsidiary Obligations may be sold, exchanged, waived, surrendered or released, all without the necessity of any reservations of rights against the Guarantor or the Company and without notice to or further assent by the Guarantor or the Company (in respect of its guarantee hereunder), each of ) which will remain bound hereunder notwithstanding any such renewal, extension, supplement, termination, sale, exchange, waiver, surrender or release. No Neither the Administrative Agent or nor any Lender shall have any obligation to protect, secure, perfect or insure any collateral security document or property subject thereto at any time held as security for the Subsidiary Obligations and the Guarantor specifically acknowledges that the Administrative Agent has not recorded or registered and has no obligation to record or register the German Mortgage or the SubsidiaryGerman Security Agreement. When making any demand hereunder against the Guarantor or the Subsidiary Borrower, the Administrative Agent or any Lender may, but shall be under no obligation to, make a similar demand on the other, and any failure by the Administrative Agent or such Lender to make any such demand or to collect any payments from the Subsidiary Borrower or the Guarantor or any other guarantor or any release of the Guarantor, the Subsidiary Borrower or any other guarantor shall not relieve the Guarantor or the Subsidiary Borrower of its obligations and liabilities hereunder, and shall not impair or affect the rights and remedies, express or implied, or as a matter of law, of the Administrative Agent or any Lender against the Guarantor or the Subsidiary Borrower. For purposes of this subsection 8.3, the term "demand" shall include the commencement and continuance of any legal proceedings.

Modification of Obligations. Each of the The Guarantor and the Company hereby consents that, without the necessity of any reservation of rights against it and without notice to or further assent by it, any demand made by the Administrative Agent or any Lender for payment of any of the Obligations or the Subsidiary Obligations made by any Agent or any Lender may be rescinded by such the Administrative Agent or such Lender and any of the Obligations or the such Subsidiary Obligations continued, and the Obligations and the Subsidiary Obligations, or the liability of any other 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 or released by such the Administrative Agent or such Lender and this Agreement (other than the obligations specifically incurred by the Guarantor as a Borrower or as the Company Guarantor under this Article)Section 8), any collateral security document or other guarantee or document in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as such the Administrative Agent or such Lender may deem advisable from time to time, and any collateral security or guarantee or right of offset at any time held by any the Administrative Agent or any Lender for the payment of the Obligations or the such 33 175 Subsidiary Obligations may be sold, exchanged, waived, surrendered or released, all without the necessity of any reservations of rights against the Guarantor or the Company and without notice to or further assent by the Guarantor or the Company (in respect of its guarantee hereunder), each of ) which will remain bound hereunder notwithstanding any such renewal, extension, supplement, termination, sale, exchange, waiver, surrender or release. No Neither the Administrative Agent or nor any Lender shall have any obligation to protect, secure, perfect or insure any collateral security document or property subject thereto at any time held as security for the Subsidiary Obligations and the Guarantor specifically acknowledges that the Administrative Agent has not recorded or registered and has no obligation to record or register the German Mortgage or the SubsidiaryGerman Security Agreement. When making any demand hereunder against the Guarantor or the Subsidiary Borrower, the Administrative Agent or any Lender may, but shall be under no obligation to, make a similar demand on the other, and any failure by the Administrative Agent or such Lender to make any such demand or to collect any payments from the Subsidiary Borrower or the Guarantor or any other guarantor or any release of the Guarantor, the Subsidiary Borrower or any other guarantor shall not relieve the Guarantor or the Subsidiary Borrower of its obligations and liabilities hereunder, and shall not impair or affect the rights and remedies, express or implied, or as a matter of law, of the Administrative Agent or any Lender against the Guarantor or the Subsidiary Borrower. For purposes of this subsection 8.3, the term "demand" shall include the commencement and continuance of any legal proceedings.