Common use of Defenses of Company Waived Clause in Contracts

Defenses of Company Waived. To the extent permitted by applicable law, each of the Guarantors waives any defense based on or arising out of any defense of the Company or any other Guarantor or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Company, other than final payment in full in cash of the Obligations. Each of the Guarantors waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of each of the Guarantors against the Company or any security.

Appears in 30 contracts

Samples: Indenture (Blue Owl Capital Inc.), Subordinated Indenture (Royalty Pharma Holdings Ltd.), Indenture (KKR & Co. Inc.)

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Defenses of Company Waived. To the extent permitted by applicable law, each of the Guarantors waives any defense based on or arising out of any defense of the Company or any other Guarantor or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Company, other than final and indefeasible payment in full in cash of the Obligations. Each of the Guarantors waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of each of the Guarantors against the Company or any security.

Appears in 24 contracts

Samples: Indenture (Kroger Co), Supplemental Indenture (Kroger Co), Twentieth Supplemental Indenture (Kroger Co)

Defenses of Company Waived. To the extent permitted by applicable law, each of the Guarantors Guarantor waives any defense based on or arising out of any defense of the Company or any other Guarantor or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Company, other than final payment in full in cash of the Obligations. Each of the Guarantors waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of each of the Guarantors against the Company or any security.

Appears in 2 contracts

Samples: Reconciliation And (Hunt J B Transport Services Inc), J.B. Hunt Transport, Inc.

Defenses of Company Waived. To the extent permitted by applicable law, each of the Additional Guarantors waives any defense based on or arising out of any defense of the Company or any other Guarantor or the unenforceability of the Guaranteed Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Company, other than final and indefeasible payment in full in cash of the Guaranteed Obligations. Each of the Additional Guarantors waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of each of the Additional Guarantors against the Company or any security.

Appears in 2 contracts

Samples: Wydiv Inc, Kroger Co

Defenses of Company Waived. To the extent permitted by applicable law, each of the Guarantors Additional Guarantor waives any defense based on or arising out of any defense of the Company or any other Guarantor or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Company, other than final payment in full in cash of the Obligations. Each of the Guarantors The Additional Guarantor waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of each of the Guarantors Additional Guarantor against the Company or any security.

Appears in 2 contracts

Samples: Fifth Supplemental Indenture (Express Scripts Holding Co.), Fourth Supplemental Indenture (Express Scripts Holding Co.)

Defenses of Company Waived. To the extent permitted by applicable law, each of the Guarantors waives any defense based on or arising out of any defense of the Company or any other Guarantor or the unenforceability of the Guaranteed Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Company, other than final and indefeasible payment in full in cash of the Guaranteed Obligations. Each of the Guarantors waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of each of the Guarantors against the Company or any security.

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Kroger Co), Wydiv Inc

Defenses of Company Waived. To the extent permitted by applicable law, each of the Guarantors waives any defense based on or arising out of any defense of the Company or any other Guarantor or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Company, other than final payment in full in cash of the Obligations. Each of the Guarantors waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of each of the Guarantors against the Company or any security.

Appears in 1 contract

Samples: Indenture (Oaktree Capital Group, LLC)

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Defenses of Company Waived. To the extent permitted by applicable law, each of the Guarantors Additional Guarantor waives any defense based on or arising out of any defense of the Company or any other Guarantor or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Company, other than final payment in full in cash of the Obligations. Each of the Guarantors Additional Guarantor waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of each of the Guarantors Additional Guarantor against the Company or any security.

Appears in 1 contract

Samples: Third Supplemental Indenture (Express Scripts Holding Co.)

Defenses of Company Waived. To the extent permitted by applicable law, each of the Guarantors waives any defense based on or arising out of any defense of the Company or any other Guarantor or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Company, other than final and indefeasible payment in full in cash of the Obligations. Each of the Guarantors waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of each of the Guarantors against the Company or any security.. -28- 29

Appears in 1 contract

Samples: Eighth Supplemental Indenture (Kroger Co)

Defenses of Company Waived. To the extent permitted by applicable law, each of the Additional Guarantors waives any defense based on or arising out of any defense of the Company or any other Guarantor or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Company, other than final payment in full in cash of the Obligations. Each of the Additional Guarantors waives any defense arising out of any such election even though such election operates to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of each of the Guarantors against the Company or any security.

Appears in 1 contract

Samples: Second Supplemental Indenture (Express Scripts Holding Co.)

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