Common use of EFFECT OF WAIVERS Clause in Contracts

EFFECT OF WAIVERS. Guarantor hereby recognizes, acknowledges and agrees, as to each provision of this Agreement that sets forth any waiver, relinquishment and/or release by Guarantor of any claim, defense or other right of Guarantor, or that sets forth any other waiver, relinquishment and/or release by Guarantor: that, as a result of such provision, at the date of this Agreement or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses or other rights of partial or complete exoneration of Guarantor's liability under this Agreement which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this Agreement; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement (including specifically, but without limitation, each waiver, relinquishment and release on the part of Guarantor provided for herein and of the rights Guarantor would have had but for such waivers, relinquishments and releases), and that Guarantor has fully analyzed, with full advice and assistance of such counsel, every provision of this Agreement (including specifically, but without limitation, every waiver, release and relinquishment on the part of Guarantor provided for herein) for the purpose of assessing the impact thereof upon Guarantor and upon Guarantor's obligations and liabilities under this Agreement; that Guarantor has made whatever investigations and inquiries it and/or its counsel have deemed necessary or advisable in connection with the subject matter of this Agreement and in connection with the Subject Agreements, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this Agreement. Guarantor recognizes, acknowledges and agrees that Dyne is relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with the making of the Loan by Dyne, and is relying upon the full enforceability of each of the provisions of this Agreement (including specifically, but without limitation, each such waiver, relinquishment and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne would not be willing to make the Loan.

EFFECT OF WAIVERS. Guarantor hereby recognizes, acknowledges and agrees, as to each provision of this Agreement Guaranty that sets forth any waiver, relinquishment and/or release by Guarantor of any claim, defense or other right of Guarantor, or that sets forth any other waiver, relinquishment and/or release by Guarantor: that, as a result of such provision, at the date of this Agreement Guaranty or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses or other rights of partial or complete exoneration of Guarantor's liability under this Agreement Guaranty which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this AgreementGuaranty; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement Guaranty that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement Guaranty (including specifically, but without limitation, each waiver, relinquishment and release on the part of Guarantor provided for herein and of the rights Guarantor would have had but for such waivers, relinquishments and releases), and that Guarantor has fully analyzed, with full advice and assistance of such counsel, every provision of this Agreement Guaranty (including specifically, but without limitation, every waiver, release and relinquishment on the part of Guarantor provided for herein) for the purpose of assessing the impact thereof upon Guarantor and upon Guarantor's obligations and liabilities under this AgreementGuaranty; that Guarantor has made whatever investigations and inquiries it and/or its counsel have deemed necessary or advisable in connection with the subject matter of this Agreement and in connection with the Subject Agreementsthis, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement Guaranty (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this AgreementGuaranty. Guarantor recognizes, acknowledges and agrees that Dyne is the Collateral Agent and the Secured Creditors are relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with the making execution and delivery of the Loan Restructuring Agreement by Dynethe Secured Creditors, and is relying upon the full enforceability of each of the provisions of this Agreement Guaranty (including specifically, but without limitation, each such waiver, relinquishment and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne the Secured Creditors would not be willing to make enter into the LoanRestructuring Agreement.

EFFECT OF WAIVERS. Guarantor hereby recognizes, acknowledges and agrees, as to each provision of this Agreement Guaranty that sets forth any waiver, relinquishment and/or release by Guarantor of any claim, defense or other right of Guarantor, or that sets forth any other waiver, relinquishment and/or release by Guarantor: that, as a result of such provision, at the date of this Agreement Guaranty or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses or other rights of partial or complete exoneration of Guarantor's liability under this Agreement Guaranty which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this AgreementGuaranty; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement Guaranty that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement Guaranty (including specifically, but without limitation, each waiver, relinquishment and release on the part of Guarantor provided for herein and of the rights Guarantor would have had but for such waivers, relinquishments and releases), and that Guarantor has fully analyzed, with full advice and assistance of such counsel, every provision of this Agreement Guaranty (including specifically, but without limitation, every waiver, release and relinquishment on the part of Guarantor provided for herein) for the purpose of assessing the impact thereof upon Guarantor and upon Guarantor's obligations and liabilities under this AgreementGuaranty; that Guarantor has made whatever investigations and inquiries it and/or its counsel have deemed necessary or advisable in connection with the subject matter of this Agreement and in connection with the Subject Agreementsthis, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement Guaranty (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this AgreementGuaranty. Guarantor recognizes, acknowledges and agrees that Dyne is the Collateral Agent and the Secured Parties are relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with the making execution and delivery of the Loan Restructuring Agreement by Dynethe Secured Parties, and is relying upon the full enforceability of each of the provisions of this Agreement Guaranty (including specifically, but without limitation, each such waiver, relinquishment and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne the Secured Parties would not be willing to make enter into the LoanRestructuring Agreement.

EFFECT OF WAIVERS. Guarantor hereby recognizes, acknowledges and agrees, as to each provision of this Agreement Guaranty that sets forth any waiver, relinquishment and/or release by Guarantor of any claim, defense or other right of Guarantor, or that sets forth any other waiver, relinquishment and/or release by Guarantor: that, as a result of such provision, at the date of this Agreement Guaranty or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses or other rights of partial or complete exoneration of Guarantor's liability under this Agreement Guaranty which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this AgreementGuaranty; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement Guaranty that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement Guaranty (including specifically, but without limitation, each waiver, relinquishment and release on the part of Guarantor provided for herein and of the rights Guarantor would have had but for such waivers, relinquishments and releases), and that Guarantor has fully analyzed, with full advice and assistance of such counsel, every provision of this Agreement Guaranty (including specifically, but without limitation, every waiver, release and relinquishment on the part of Guarantor provided for herein) for the purpose of assessing the impact thereof upon Guarantor and upon Guarantor's obligations and liabilities under this AgreementGuaranty; that Guarantor has made whatever investigations and inquiries it she and/or its her counsel have deemed necessary or advisable in connection with the subject matter of this Agreement and in connection with the Subject Agreementsthis, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement Guaranty (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this AgreementGuaranty. Guarantor recognizes, acknowledges and agrees that Dyne is the Collateral Agent and the Secured Creditors are relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with the making execution and delivery of the Loan Extension Agreement by Dynethe Secured Creditors, and is relying upon the full enforceability of each of the provisions of this Agreement Guaranty (including specifically, but without limitation, each such waiver, relinquishment and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne the Secured Creditors would not be willing to make enter into the LoanExtension Agreement.

EFFECT OF WAIVERS. Guarantor hereby recognizes, acknowledges and agrees, as to each provision of this Agreement Guaranty that sets forth any waiver, relinquishment and/or release by Guarantor of any claim, defense or other right of Guarantor, or that sets forth any other waiver, relinquishment and/or release by Guarantor: that, as a result of such provision, at the date of this Agreement Guaranty or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses or other rights of partial or complete exoneration of Guarantor's liability under this Agreement Guaranty which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this AgreementGuaranty; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement Guaranty that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement Guaranty (including specifically, but without limitation, each waiver, relinquishment and release on the part of Guarantor provided for herein and of the rights Guarantor would have had but for such waivers, relinquishments and releases), and that Guarantor has fully analyzed, with full advice and assistance of such counsel, every provision of this Agreement Guaranty (including specifically, but without limitation, every waiver, release and relinquishment on the part of Guarantor provided for herein) for the purpose of assessing the impact thereof upon Guarantor and upon Guarantor's obligations and liabilities under this AgreementGuaranty; that Guarantor has made whatever investigations and inquiries it he and/or its his counsel have deemed necessary or advisable in connection with the subject matter of this Agreement and in connection with the Subject Agreementsthis, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement Guaranty (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this AgreementGuaranty. Guarantor recognizes, acknowledges and agrees that Dyne is the Collateral Agent and the Secured Parties are relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with the making execution and delivery of the Loan Restructuring Agreement by Dynethe Secured Parties, and is relying upon the full enforceability of each of the provisions of this Agreement Guaranty (including specifically, but without limitation, each such waiver, relinquishment and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne the Secured Parties would not be willing to make enter into the LoanRestructuring Agreement.

EFFECT OF WAIVERS. Guarantor hereby recognizes, acknowledges and agrees, as to each provision of this Agreement Guaranty that sets forth any waiver, relinquishment and/or release by Guarantor of any claim, defense or other right of Guarantor, or that sets forth any other waiver, relinquishment and/or release by Guarantor: that, as a result of such provision, at the date of this Agreement Guaranty or thereafter, Guarantor may have waived, relinquished or released one or more claims, defenses or other rights of partial or complete exoneration of Guarantor's liability under this Agreement Guaranty which could arise as a result of events that might materially prejudice Guarantor and/or rights of reimbursement or other recovery Guarantor might otherwise enjoy; that, but for such waiver, relinquishment and/or release, Guarantor might have a partial or complete defense to liability under this AgreementGuaranty; and that, as a result of such waiver, relinquishment and/or release, Guarantor might incur liability under this Agreement Guaranty that Guarantor might not otherwise have incurred, and might lose rights against other Persons and/or property that Guarantor might otherwise have enjoyed. Guarantor hereby further recognizes, acknowledges and agrees: that Guarantor has been advised by legal counsel as to the significance and legal effect of each provision of this Agreement Guaranty (including specifically, but without limitation, each waiver, relinquishment and release on the part of Guarantor provided for herein and of the rights Guarantor would have had but for such waivers, relinquishments and releases), and that Guarantor has fully analyzed, with full advice and assistance of such counsel, every provision of this Agreement Guaranty (including specifically, but without limitation, every waiver, release and relinquishment on the part of Guarantor provided for herein) for the purpose of assessing the impact thereof upon Guarantor and upon Guarantor's obligations and liabilities under this AgreementGuaranty; that Guarantor has made whatever investigations and inquiries it and/or its counsel have deemed necessary or advisable in connection with the subject matter of this Agreement and in connection with the Subject Agreementsthis, and that, following such investigations and inquiries, Guarantor is willing to enter into this Agreement Guaranty (and make the guarantees and indemnities provided herein) and incur all the liabilities and risks attendant to Guarantor's obligations under this AgreementGuaranty. Guarantor recognizes, acknowledges and agrees that Dyne Beneficiary is relying upon the making by Guarantor of each of its covenants, agreements, representations and warranties hereunder (including specifically, but without limitation, each of the waivers, relinquishments and releases on the part of Guarantor provided for herein) in connection with providing credit support to the making of the Loan by Dyne, Borrowers and is relying upon the full enforceability of each of the provisions of this Agreement Guaranty (including specifically, but without limitation, each such waiver, relinquishment and release) and that if Guarantor were not making such waivers, relinquishments and releases, Dyne Beneficiary would not be willing to make provide such credit support to the LoanBorrowers.