PARTY OR ANY OTHER PERSON UNDER THE PROVISIONS OF
THIS AGREEMENT OR ANY OTHER DOCUMENT OR ANY OTHER DOCUMENT OR INSTRUMENT
EXECUTED AND DELIVERED IN CONNECTION HEREWITH OR THEREWITH;
(IV)
ANY SETTLEMENT OR COMPROMISE OF ANY
OBLIGATION, ANY SECURITY THEREFOR OR ANY LIABILITY (INCLUDING ANY OF THOSE
HEREUNDER) INCURRED DIRECTLY OR INDIRECTLY IN RESPECT THEREOF OR HEREOF, AND ANY
SUBORDINATION OF THE PAYMENT OF ALL OR ANY PART THEREOF TO THE PAYMENT OF ANY
OBLIGATION (WHETHER DUE OR NOT) OF ANY LOAN PARTY TO CREDITORS OF ANY LOAN PARTY
OTHER THAN ANY OTHER LOAN PARTY;
(V)
ANY MANNER OF APPLICATION OF COLLATERAL, OR
PROCEEDS THEREOF, TO ALL OR ANY OF THE OBLIGATIONS, OR ANY MANNER OF SALE OR
OTHER DISPOSITION OF ANY COLLATERAL FOR ALL OR ANY OF THE OBLIGATIONS OR ANY
OTHER ASSETS OF ANY LOAN PARTY; AND
(VI)
ANY OTHER AGREEMENTS OR CIRCUMSTANCE OF ANY
NATURE WHATSOEVER THAT MAY OR MIGHT IN ANY MANNER OR TO ANY EXTENT VARY THE RISK
OF ANY GUARANTOR, OR THAT MIGHT OTHERWISE AT LAW OR IN EQUITY CONSTITUTE A
DEFENSE AVAILABLE TO, OR A DISCHARGE OF, THE GUARANTY HEREUNDER AND/OR THE
OBLIGATIONS OF ANY GUARANTOR, OR A DEFENSE TO, OR DISCHARGE OF, ANY LOAN PARTY
OR ANY OTHER PERSON OR PARTY HERETO OR THE OBLIGATIONS OR OTHERWISE WITH RESPECT
TO THE ADVANCES OR OTHER FINANCIAL ACCOMMODATIONS TO THE BORROWER PURSUANT TO
THIS AGREEMENT AND/OR THE OTHER DOCUMENTS.
15.6.
Waiver of Notice.
Agent shall have the right to do any of the above without notice to or the
consent of any Guarantor and each Guarantor expressly waives any right to notice
of, consent to, knowledge of and participation in any agreements relating to any
of the above or any other present or future event relating to Obligations
whether under this Agreement or otherwise or any right to challenge or question
any of the above and waives any defenses of such Guarantor which might arise as
a result of such actions.
15.7.
Agent's Discretion.
Agent may at any time and from time to time (whether prior to or after the
revocation or termination of this Agreement) without the consent of, or notice
to, any Guarantor, and without incurring responsibility to any Guarantor or
impairing or releasing the Obligations, apply any sums by whomsoever paid or
howsoever realized to any Obligations regardless of what Obligations remain
unpaid.
15.8.
Reinstatement.
(A)
THE GUARANTY PROVISIONS HEREIN CONTAINED
SHALL CONTINUE TO BE EFFECTIVE OR BE REINSTATED, AS THE CASE MAY BE, IF CLAIM IS
EVER MADE UPON AGENT OR ANY LENDER OR TERM
85
LENDER FOR REPAYMENT OR RECOVERY OF ANY AMOUNT OR AMOUNTS RECEIVED BY SUCH
PERSON IN PAYMENT OR ON ACCOUNT OF ANY OF THE OBLIGATIONS AND SUCH PERSON REPAYS
ALL OR PART OF SAID AMOUNT FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, BY REASON OF ANY JUDGMENT, DECREE OR ORDER OF ANY COURT OR
ADMINISTRATIVE BODY HAVING JURISDICTION OVER SUCH PERSON OR THE RESPECTIVE
PROPERTY OF EACH, OR ANY SETTLEMENT OR COMPROMISE OF ANY