Common use of Defenses of Company Waived Clause in Contracts

Defenses of Company Waived. To the fullest extent permitted by applicable law, each of the Guarantors waives any defense based on or arising out of any defense of the Company 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 the final and indefeasible payment in full in cash of the Obligations. The 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 Company, any other Guarantor or any other Person or exercise any other right or remedy available to them against the Company or any other 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. 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 Company, any other Guarantor or any other Person, as the case may be, or any security.

Appears in 3 contracts

Samples: Guaranty Agreement (Woodward Governor Co), Guaranty Agreement (Woodward Governor Co), Guaranty Agreement (Woodward Governor Co)

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Defenses of Company Waived. To the fullest extent permitted by applicable law, each of the Guarantors waives any defense based on or arising out of any defense of the Company or the unenforceability of the Obligations or any part thereof from any cause, cause or the cessation from any cause of the liability of the Company, (other than the final and indefeasible payment in full in cash of the Obligations) of the Borrower. The Secured Parties Collateral Agent and the other Obligees 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 Company, any other Guarantor Borrower or any other Person guarantor or exercise any other right or remedy available to them against the Company Borrower or any other Guarantorguarantor, 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. 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 Company, any other Guarantor Borrower or any other Person, as the case may be, guarantor or any security.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Cross Country Inc)

Defenses of Company Waived. To the fullest extent permitted by applicable law, each of the Guarantors Subsidiary Guarantor waives any defense based on or arising out of any defense of the Company 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 the final and indefeasible payment in full in cash of the Obligations. The Secured Parties Initial Purchaser and the other Purchasers and holders of Notes may, at their election, foreclose on any security held by one or more of them it 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 Company, any other Guarantor Company or any other Person guarantor or exercise any other right or remedy available to them it against the Company or any other Guarantorguarantor, without affecting or impairing in any way the liability of any Subsidiary Guarantor hereunder except to the extent the Obligations have been fully, fully and finally and indefeasibly paid in cash. Pursuant to applicable law, each of the Guarantors Subsidiary 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 Subsidiary Guarantor against the Company, any other Guarantor Company or any other PersonSubsidiary Guarantors or guarantors, as the case may be, or any security.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (PSF Holdings LLC)

Defenses of Company Waived. To the fullest 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 Guarantor, 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 the final and indefeasible payment in full in cash of the Obligations. The Secured Parties Administrative Agent may, at their its 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 Company, any other Guarantor Company or any other Person Guarantor or exercise any other right or remedy available to them against the Company or any other 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. 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 Company, Company or any other Guarantor or any other Personguarantor, as the case may be, or any security.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Valspar Corp)

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Defenses of Company Waived. To the fullest 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 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 the final and indefeasible payment in full in cash of the Obligations. The Secured Parties Initial Purchaser and the other Purchasers and holders of Notes 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 Company, any other Guarantor Company or any other Person guarantor or exercise any other right or remedy available to them against the Company or any other Guarantorguarantor, without affecting or impairing in any way the liability of any the Guarantor hereunder except to the extent the Obligations have been fully, fully and finally and indefeasibly paid in cash. Pursuant to 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 Company, any other Guarantor Company or any other Personguarantor, as the case may be, or any security.

Appears in 1 contract

Samples: Parent Guarantee Agreement (PSF Holdings LLC)

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