Effect on Additional Guaranties Clause Samples
The "Effect on Additional Guaranties" clause defines how the current agreement interacts with any other guarantees that may exist between the parties. Typically, this clause clarifies whether the obligations under the present guarantee are independent of, or cumulative with, other guarantees, and may specify that the enforcement or release of one guarantee does not affect the validity or enforceability of others. Its core function is to prevent confusion or disputes about the relationship between multiple guarantees, ensuring that the parties understand their rights and obligations even when several guarantees are in place.
Effect on Additional Guaranties. The obligations of the Sponsor pursuant to this Article X are in addition to, and are not intended to supersede or be a substitute for any other guarantee, suretyship agreement, or instrument which Servicer may hold in connection with any Loans or other Guaranteed Obligations.
Effect on Additional Guaranties. The obligations of the Sponsor pursuant to this Article 10 are in addition to, and are not intended to supersede or be a substitute for any other guarantee, suretyship agreement, or instrument which Servicer may hold in connection with any Loans or other Guaranteed Obligations.
Effect on Additional Guaranties. 29 9.8 Reliance on Guaranty and Purchase Obligation; Disclaimer of Liability........................... 29 9.9
Effect on Additional Guaranties. 64 Section 10.9 Reliance on Guaranty and Purchase Obligation; Disclaimer of Liability. 64 Section 10.10 Reinstatement of Obligations. 64 Section 10.11 Right to Bring Separate Action. 65 Section 10.12 Subordination of Liens. 65 Section 10.13 Exercise of Remedies With Respect to Collateral. 65 Section 10.14 Rights Of Sponsor Upon Payment; Cooperation By Servicer. 66 ARTICLE XI INDEMNIFICATION 67 Section 11.1 Indemnification. 67 Section 11.2 Notice Of Proceedings; Right To Defend 68 Section 11.3 Third Party Beneficiaries. 68 ARTICLE XII SURVIVAL OF LOAN FACILITY 69 ARTICLE XIII CONDITIONS PRECEDENT 69 Section 13.1 Receipt of Documents. 69 Section 13.2 Effect of Amendment and Restatement. 70 ARTICLE XIV THE SERVICER 70 Section 14.1 Appointment of Servicer as Agent. 70 Section 14.2 Nature of Duties of Servicer. 71 Section 14.3 Lack of Reliance on the Servicer. 71 Section 14.4 Certain Rights of the Servicer. 71 Section 14.5 Reliance by Servicer. 71 Section 14.6 Indemnification of Servicer. 72 Section 14.7 The Servicer in its Individual Capacity. 72 Section 14.8 Holders of Participation Certificates. 72 ARTICLE XV MISCELLANEOUS 72 Section 15.1 Notices. 72 Section 15.2 Amendments, Etc. 74 Section 15.3 No Waiver; Remedies Cumulative. 75 Section 15.4 Payment of Expenses, Etc. 75 Section 15.5 Right of Setoff. 75 Section 15.6 Benefit of Agreement; Assignments; Participations. 75 Section 15.7 Governing Law; Submission to Jurisdiction. 77 Section 15.8 Counterparts. 77 Section 15.9 Severability. 77 Section 15.10 Independence of Covenants. 78 Section 15.11 No Joint Venture. 78 Section 15.12 Repurchase Right. 78 Section 15.13 Confidentiality. 78 Section 15.14 Headings Descriptive; Entire Agreement. 79 Section 15.15 Patriot Act. 79 iv EXHIBITS Exhibit A - Form of Assignment and Acceptance Agreement Exhibit B - Form of Canadian Loan Agreement Exhibit C - Form of US Loan Agreement Exhibit D - Form of Guaranty Agreement Exhibit E - Form of Participation Certificate Exhibit F - Form of Monthly Servicing Report SCHEDULES Schedule 1.1(a) - Pricing Grid Schedule 1.1(b) - Participant Commitments Schedule 1.1(c) - Progressive Finance Subsidiaries Schedule 5.14 - Subsidiaries Schedule 8.1 - Outstanding Indebtedness Schedule 8.2 - Existing Liens Schedule 8.4 - Existing Investments THIRD AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY THIS THIRD AMENDED AND RESTATED LOAN FACILITY AGREEMENT AND GUARANTY (the “Agreement”) made as of this 14th day of April, 2014, by and among AA...
Effect on Additional Guaranties. The obligations of the Parent Guarantor pursuant to this Agreement are in addition to, and are not intended to supersede or be a substitute for any other guarantee, suretyship agreement, or instrument which the Servicer may hold in connection with any Franchisee Loans or other Franchisee Facility Guaranteed Obligations.