Common use of Character of Obligation Clause in Contracts

Character of Obligation. The Guaranty set forth in this Article IX is a primary and original obligation of each Subsidiary Guarantor and is an absolute, unconditional, continuing and irrevocable guarantee of payment and performance (and not of collectability) and shall remain in full force and effect until the full, final and indefeasible payment in cash of the Guaranteed Obligations without respect to future changes in conditions, except as provided in Section 6.14. The obligations of each Subsidiary Guarantor under this Subsidiary Guarantee Agreement and the rights of the Lender to enforce such obligations by any proceedings, whether by action at law, suit in equity or otherwise, shall not be subject to any reduction, limitation, impairment or termination, whether by reason of any claim of any character whatsoever or otherwise, including, without limitation, claims of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense, set off, counterclaim, recoupment or termination whatsoever. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor hereunder shall not be discharged or impaired or otherwise affected by:

Appears in 1 contract

Samples: Credit Agreement (UTi WORLDWIDE INC)

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Character of Obligation. The Guaranty set forth in this Article IX Section 23 is a primary and original obligation of each Subsidiary Guarantor and is an absolute, unconditional, continuing and irrevocable guarantee of payment and performance (and not of collectabilitycollectibility) and shall remain in full force and effect until the full, final and indefeasible payment in cash of the Guaranteed Obligations without respect to future changes in conditions, except as provided in Section 6.14. The obligations of each Subsidiary Guarantor under this Subsidiary Guarantee Agreement and the rights of the Lender holders of Notes to enforce such obligations by any proceedings, whether by action at law, suit in equity or otherwise, shall not be subject to any reduction, limitation, impairment or termination, whether by reason of any claim of any character whatsoever or otherwise, including, without limitation, claims of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense, set set-off, counterclaim, recoupment or termination whatsoever. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor hereunder shall not be discharged or impaired or otherwise affected by:

Appears in 1 contract

Samples: Agreement (UTi WORLDWIDE INC)

Character of Obligation. The Guaranty set forth in this Article IX Section 23 is a primary and original obligation of each Subsidiary Guarantor and is an absolute, unconditional, continuing and irrevocable guarantee of payment and performance (and not of collectability) and shall remain in full force and effect until the full, final and indefeasible payment in cash of the Guaranteed Obligations without respect to future changes in conditions, except as provided in Section 6.149.11. The obligations of each Subsidiary Guarantor under this Subsidiary Guarantee Agreement and the rights of the Lender Issuing Bank to enforce such obligations by any proceedings, whether by action at law, suit in equity or otherwise, shall not be subject to any reduction, limitation, impairment or termination, whether by reason of any claim of any character whatsoever or otherwise, including, without limitation, claims of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense, set set-off, counterclaim, recoupment or termination whatsoever. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor hereunder shall not be discharged or impaired or otherwise affected by:

Appears in 1 contract

Samples: Letter of Credit Agreement (UTi WORLDWIDE INC)

Character of Obligation. The Guaranty set forth in this Article IX Section 23 is a primary and original obligation of each Subsidiary Guarantor and is an absolute, unconditional, continuing and irrevocable guarantee of payment and performance (and not of collectabilitycollectibility) and shall remain in full force and effect until the full, final and indefeasible payment in cash of the Guaranteed Obligations without respect to future changes in conditions, except as provided in Section 6.149.11. The obligations of each Subsidiary Guarantor under this Subsidiary Guarantee Agreement and the rights of the Lender Issuing Bank to enforce such obligations by any proceedings, whether by action at law, suit in equity or otherwise, shall not be subject to any reduction, limitation, impairment or termination, whether by reason of any claim of any character whatsoever or otherwise, including, without limitation, claims of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense, set set-off, counterclaim, recoupment or termination whatsoever. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor hereunder shall not be discharged or impaired or otherwise affected by:

Appears in 1 contract

Samples: Credit Agreement (UTi WORLDWIDE INC)

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Character of Obligation. The Guaranty set forth in this Article IX Section is a primary and original obligation of each Subsidiary Guarantor and is an absolute, unconditional, continuing and irrevocable guarantee of payment and performance (and not of collectabilitycollectibility) and shall remain in full force and effect until the full, final and indefeasible payment in cash of the Guaranteed Obligations without respect to future changes in conditions, except as provided in Section 6.14. Xxxx Xxxx Technologies Corporation Note Purchase Agreement The obligations of each Subsidiary Guarantor under this Subsidiary Guarantee Agreement and the rights of the Lender holders of Notes to enforce such obligations by any proceedings, whether by action at law, suit in equity or otherwise, shall not be subject to any reduction, limitation, impairment or termination, whether by reason of any claim of any character whatsoever or otherwise, including, without limitation, claims of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense, set set-off, counterclaim, recoupment or termination whatsoever. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor hereunder shall not be discharged or impaired or otherwise affected by:

Appears in 1 contract

Samples: Note Purchase Agreement (John Bean Technologies CORP)

Character of Obligation. The Guaranty set forth in this Article IX Section is a primary and original obligation of each Subsidiary Guarantor and is an absolute, unconditional, continuing and irrevocable guarantee of payment and performance (and not of collectabilitycollectibility) and shall remain in full force and effect until the full, final and indefeasible payment in cash of the Guaranteed Obligations without respect to future changes in conditions, except as provided in Section 6.14. The obligations of each Subsidiary Guarantor under this Subsidiary Guarantee Agreement and the rights of the Lender holders of Notes to enforce such obligations by any proceedings, whether by action at law, suit in equity or otherwise, shall not be subject to any reduction, limitation, impairment or termination, whether by reason of any claim of any character whatsoever or otherwise, including, without limitation, claims of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense, set set-off, counterclaim, recoupment or termination whatsoever, other than the defense that the Guaranteed Obligations have been fully and finally performed and indefeasibly paid in full in cash. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor hereunder shall not be discharged or impaired or otherwise affected by:

Appears in 1 contract

Samples: Note Purchase Agreement (Efunds Corp)

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