Common use of Defenses of Borrower Waived Clause in Contracts

Defenses of Borrower Waived. To the fullest extent permitted by applicable law, each of the Guarantors waives any defense based on or arising out of the defense of the Borrower or any other Loan Party or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Borrower or any other Loan Party, other than the final and indefeasible payment in full in cash of the Obligations. The Collateral Agent and the Lenders may, at their election, foreclose on any security held by one or more of them by one or more judicial or nonjudicial sales, accept an assignment of any such security in lieu of foreclosure, compromise or adjust any part of the Obligations, make any other accommodation with the Borrower or any other Loan Party or guarantor or exercise any other right or remedy available to them against the Borrower or any other Loan Party or guarantor, without affecting or impairing in any way the liability of any Guarantor hereunder except to the extent the Obligations have been fully, finally and indefeasibly paid in cash. To the fullest extent permitted by applicable law, each of the Guarantors waives any defense arising out of any such election even though such election operates, pursuant to applicable law, to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of such Guarantor against the Borrower or any other Guarantor or guarantor, as the case may be, or any security.

Defenses of Borrower Waived. To the fullest extent permitted by applicable law, each of the Guarantors waives any defense based on or arising out of the any defense of the Borrower or any other Loan Party or the unenforceability of the Secured Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Borrower or any other Loan Party, other than the final and indefeasible payment in full in cash of the Secured Obligations. The Collateral Administrative Agent and the Lenders other Secured Parties may, at their election, foreclose on any security held by one or more of them by one or more judicial or nonjudicial sales, accept an assignment of any such security in lieu of foreclosure, compromise or adjust any part of the Secured Obligations, make any other accommodation with the Borrower or any other Loan Party or guarantor Guarantor or exercise any other right or remedy available to them against the Borrower or any other Loan Party or guarantorGuarantor, without affecting or impairing in any way the liability of any Guarantor hereunder except to the extent the Secured Obligations have been fully, finally and indefeasibly paid in cash. To the fullest extent permitted by Pursuant to applicable law, each of the Guarantors Guarantor waives any defense arising out of any such election even though such election operates, pursuant to applicable law, to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of such Guarantor against the Borrower or any other Guarantor or guarantorGuarantor, as the case may beapplicable, or any security.

Defenses of Borrower Waived. To the fullest extent permitted --------------------------- by applicable law, each of the Guarantors Guarantor waives any defense based on or arising out of the any defense of the Borrower or any other Loan Party or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Borrower or any other Loan PartyBorrower, other than the final and indefeasible payment in full in cash of all the Obligations. The Subject to the terms of the Collateral Agency and Intercreditor Agreement, the Collateral Agent and the Lenders other Secured Parties may, at their election, foreclose on any security held by one or more of them by one or more judicial or nonjudicial sales, accept an assignment of any such security in lieu of foreclosure, compromise or adjust any part of the Obligations, make any other accommodation with the Borrower or any other Loan Party or guarantor or exercise any other right or remedy available to them against the Borrower or any other Loan Party or guarantor, without affecting or impairing in any way the liability of any the Guarantor hereunder except to the extent the Obligations have been fully, finally and indefeasibly paid in cashpaid. To the fullest extent permitted by applicable law, each of the Guarantors Guarantor waives any defense arising out of any such election even though such election operates, pursuant to applicable law, to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of such the Guarantor against the Borrower or any other Guarantor or guarantor, as the case may be, or any security.

Defenses of Borrower Waived. To the fullest extent permitted by applicable law, each of the Guarantors waives any defense based on or arising out of the any defense of the Borrower or any other Loan Party or the unenforceability of the Revolving Credit Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Borrower or any other Loan PartyBorrower, other than the final and indefeasible payment in full in cash of the Revolving Credit Obligations. The Collateral Agent and the Lenders other Secured Parties may, at their election, foreclose on any security held by one or more of them by one or more judicial or nonjudicial sales, accept an assignment of any such security in lieu of foreclosure, compromise or adjust any part of the Revolving Credit Obligations, make any other accommodation with the Borrower or any other Loan Party or guarantor or exercise any other right or remedy available to them against the Borrower or any other Loan Party or guarantor, without affecting or impairing in any way the liability of any Guarantor hereunder except to the extent the Revolving Credit Obligations have been fully, finally and indefeasibly paid in cash. To the fullest extent permitted by Pursuant to applicable law, each of the Guarantors waives any defense arising out of any such election even though such election operates, pursuant to applicable law, to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of such Guarantor against the Borrower or any other Guarantor or guarantor, as the case may be, or any security.

Defenses of Borrower Waived. To the fullest extent permitted by applicable law, each of the Guarantors Guarantor waives any defense based on or arising out of the any defense of the Borrower (other than a defense of indefeasible payment in full in cash or any other Loan Party performance) or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Borrower or any other Loan PartyBorrower, other than the final and indefeasible payment in full in cash of the Obligations. The Collateral Administrative Agent and the Lenders may, at their election, foreclose on any security held by one or more of them by one or more judicial or nonjudicial sales, accept an assignment of any such security in lieu of foreclosure, compromise or adjust any part of the Obligations, make any other accommodation with the Borrower or any other Loan Party or guarantor or exercise any other right or remedy available to them against the Borrower or any other Loan Party or guarantor, without affecting or impairing in any way the liability of any Guarantor hereunder except to the extent the Obligations have been fully, finally and indefeasibly paid in cash. To the fullest extent permitted by Pursuant to applicable law, each of the Guarantors Guarantor waives any defense arising out of any such election even though such election operates, pursuant to applicable law, to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of such Guarantor against the Borrower or any other Guarantor or guarantor, as the case may be, or any security.

Defenses of Borrower Waived. To the fullest extent permitted by applicable law, each of the Guarantors waives any defense based on or arising out of the any defense of the Borrower or any other Loan Party or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Borrower or any other Loan Party, other than the final and indefeasible payment in full in cash of the Obligations. The Collateral Administrative Agent and the Lenders other Secured Parties may, at their election, foreclose on any security held by one or more of them by one or more judicial or nonjudicial sales, accept an assignment of any such security in lieu of foreclosure, compromise or adjust any part of the Obligations, make any other accommodation with the Borrower or any other Loan Party or guarantor or exercise any other right or remedy available to them against the Borrower or any other Loan Party or guarantorParty, without affecting or impairing in any way the liability of any Guarantor hereunder except to the extent the Obligations have been fully, finally and indefeasibly paid in cash. To the fullest extent permitted by Pursuant to applicable law, each of the Guarantors Guarantor waives any defense arising out of any such election even though such election operates, pursuant to applicable law, to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of such Guarantor against the Borrower or any other Guarantor or guarantorGuarantor, as the case may beapplicable, or any security.

Defenses of Borrower Waived. To the fullest extent permitted by applicable law, each of the Guarantors Company waives any defense based on or arising out of the any defense of the Subsidiary Borrower or any other Loan Party or the unenforceability of the Guarantied Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Borrower or any other Loan PartySubsidiary Borrower, other than the final and indefeasible payment in full in cash of the Guarantied Obligations. The Collateral Agent and the Lenders other Secured Parties may, at their election, foreclose on any security held by one or more of them by one or more judicial or nonjudicial sales, accept an assignment of any such security in lieu of foreclosure, compromise or adjust any part of the Guarantied Obligations, make any other accommodation with the Subsidiary Borrower or any other Loan Party or guarantor or exercise any other right or remedy available to them against the Subsidiary Borrower or any other Loan Party or guarantor, without affecting or impairing in any way the liability of any Guarantor hereunder the Company under this Article X except to the extent the Guarantied Obligations have been fully, finally and indefeasibly paid in cash. To the fullest extent permitted by Pursuant to applicable law, each of the Guarantors Company waives any defense arising out of any such election even though such election operates, pursuant to applicable law, to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of such Guarantor the Company against the Subsidiary Borrower or any other Guarantor or guarantor, as the case may be, or any security.