Common use of Effectiveness; Enforcement Clause in Contracts

Effectiveness; Enforcement. The guaranty under this Agreement shall be effective and shall be deemed to be made with respect to each Loan and each Letter of Credit as of the time it is made, issued or extended, or becomes a Letter of Credit under this Agreement, as applicable. No invalidity, irregularity or unenforceability by reason of any bankruptcy or similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect any liability of the Borrower, and no defect in or insufficiency or want of powers of the Borrower or irregular or improperly recorded exercise thereof, shall impair, affect, be a defense to or claim against such guaranty. The guaranty under this Agreement is a continuing guaranty and shall (a) survive any termination of this Agreement, and (b) remain in full force and effect until payment in full of, and performance of, all Guaranteed Obligations and all other amounts payable under this Agreement. The guaranty under this Agreement is made for the benefit of the Administrative Agent, the Issuing Banks and the Banks and their successors and assigns, and may be enforced from time to time as often as occasion therefor may arise and without requirement on the part of the Administrative Agent, the Issuing Banks or the Banks first to exercise any rights against the Borrower, or to resort to any other source or means of obtaining payment of any of the said obligations or to elect any other remedy.

Appears in 7 contracts

Samples: Revolving Credit Agreement (Waste Management Inc), Revolving Credit Agreement (Waste Management Inc), Loan Agreement (Waste Management Holdings Inc)

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Effectiveness; Enforcement. The guaranty under this Agreement shall be effective and shall be deemed to be made with respect to each Loan and each Letter of Credit as of the time it is made, issued or extended, or becomes a Letter of Credit under this Agreement, as applicable. No invalidity, irregularity or unenforceability by reason of any bankruptcy or similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect any liability of the Borrower, and no defect in or insufficiency or want of powers of the Borrower or irregular or improperly recorded exercise thereof, shall impair, affect, be a defense to or claim against such guaranty. The guaranty under this Agreement is a continuing guaranty and shall (a) survive any termination of this Agreement, and (b) remain in full force and effect until payment in full of, and performance of, all Guaranteed Obligations and all other amounts payable under this Agreement. The guaranty under this Agreement is a guaranty of payment (and not of collection) made for the benefit of the Administrative Agent, the Issuing Banks and the Banks and their successors and assigns, and may be enforced from time to time as often as occasion therefor may arise and without requirement on the part of the Administrative Agent, the Issuing Banks or the Banks first to exercise any rights against the Borrower, or to resort to any other source or means of obtaining payment of any of the said obligations or to elect any other remedy.

Appears in 4 contracts

Samples: Credit Agreement (Waste Management Inc), Credit Agreement (Waste Management Inc), Revolving Credit Agreement (Waste Management Inc)

Effectiveness; Enforcement. The guaranty under this Agreement This Guaranty shall be effective and shall be deemed to be made with respect to each Loan made and each Letter of Credit issued as of the time it is made, issued made or extended, or becomes a Letter of Credit under this Agreementissued, as applicable. No invalidity, irregularity or unenforceability by reason of any bankruptcy or similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect any liability of the any Borrower, and no defect in or insufficiency or want of powers of the any Borrower or irregular or improperly recorded exercise thereof, shall impair, affect, be a defense to or claim against such guarantythis Guaranty. The guaranty under this Agreement This Guaranty is a continuing guaranty and shall (a) survive any termination of this Credit Agreement, and (b) remain in full force and effect until payment in full ofall Commitments have expired, all Outstanding Letters of Credit have expired, matured or otherwise been terminated, and performance of, all Guaranteed Obligations and all other amounts payable under this Agreementhereunder have been performed and paid in full in cash or otherwise satisfied. The guaranty under this Agreement This Guaranty is made for the benefit of the Administrative Agent, the Issuing Banks Agent and the Banks Lenders and their successors and assigns, and may be enforced from time to time as often as occasion therefor may arise and without requirement on the part of the Administrative Agent, the Issuing Banks Agent or the Banks Lenders first to exercise any rights against the BorrowerBorrowers, or to resort to any other source or means of obtaining payment of any of the said obligations or to elect any other remedy.

Appears in 2 contracts

Samples: Credit and Term Loan Agreement (Genesee & Wyoming Inc), Credit and Term Loan Agreement (Genesee & Wyoming Inc)

Effectiveness; Enforcement. The guaranty under this Agreement Guaranty herein of the Guarantors shall be effective and shall be deemed to be made with respect to each Loan and each Letter of Credit made to the Borrower as of the time it is made, issued or extended, or becomes a made and with respect to each Letter of Credit under this Agreement, issued as applicableof the time of issuance. No invalidity, irregularity or unenforceability by reason of any bankruptcy or similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect any liability of the Borrower, and no defect in or insufficiency or want of powers of the Borrower or irregular or improperly recorded exercise thereof, shall impair, affect, be a defense to or claim against such guarantythis Guaranty. The guaranty under this Agreement This Guaranty is a continuing guaranty and shall (a) survive any termination of this Agreement, Agreement and (b) remain in full force and effect until payment in full of, and performance of, of all Guaranteed Obligations and all other amounts payable under this Agreementthese guaranties. The guaranty under this Agreement This Guaranty is made for the benefit of the Administrative Agent, the Issuing Banks Agent and the Banks and their successors and assigns, and may be enforced from time to time as often as occasion therefor may arise and without requirement on the part of the Administrative Agent, the Issuing Banks or the Banks first to exercise any rights against the Borrower, Borrower or to exhaust any remedies available to them against the Borrower or to resort to any other source or means of obtaining payment of any of the said obligations Obligations or to elect any other remedy.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Perkins Finance Corp), Revolving Credit Agreement (Restaurant Co)

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Effectiveness; Enforcement. The guaranty under this Credit Agreement shall be effective and shall be deemed to be made with respect to each Loan and each Letter of Credit as of the time it is made, issued or extended, or becomes a Letter of Credit under this Credit Agreement, as applicable. No invalidity, irregularity or unenforceability by reason of any bankruptcy or similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect any liability of the Borrower, and no defect in or insufficiency or want of powers of the Borrower or irregular or improperly recorded exercise thereof, shall impair, affect, be a defense to or claim against such guaranty. The guaranty under this Credit Agreement is a continuing guaranty and shall (a) survive any termination of this Credit Agreement, and (b) remain in full force and effect until payment in full of, and performance of, all Guaranteed Obligations and all other amounts payable under this Credit Agreement. The guaranty under this Credit Agreement is made for the benefit of the Administrative Agent, the Issuing Banks Agent and the Banks and their successors and assigns, and may be enforced from time to time as often as occasion therefor may arise and without requirement on the part of the Administrative Agent, the Issuing Banks Agent or the Banks first to exercise any rights against the Borrower, or to resort to any other source or means of obtaining payment of any of the said obligations or to elect any other remedy.

Appears in 1 contract

Samples: Revolving Credit Agreement (Iteq Inc)

Effectiveness; Enforcement. The guaranty under this Agreement Guaranty herein of the Guarantors shall be effective and shall be deemed to be made with respect to each Loan and each Letter of Credit made to the Borrower as of the time it is made, issued or extended, or becomes a made and with respect to each Letter of Credit under this Agreement, issued as applicableof the time of issuance. No invalidity, irregularity or unenforceability by reason of any bankruptcy or similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect any liability of the Borrower, and no defect in or insufficiency or want of powers of the Borrower or irregular or improperly recorded exercise thereof, shall impair, affect, be a defense to or claim against such guarantythis Guaranty. The guaranty under this Agreement This Guaranty is a continuing guaranty and shall (a) survive any termination of this Agreement, Agreement and (b) remain in full force and effect until payment in full of, and performance of, of all Guaranteed Obligations and all other amounts payable under this Agreementthese guaranties. The guaranty under this Agreement This Guaranty is made for the benefit of the Administrative Agent, the Issuing Banks Agent 81 -74- and the Banks and their successors and assigns, and may be enforced from time to time as often as occasion therefor may arise and without requirement on the part of the Administrative Agent, the Issuing Banks or the Banks first to exercise any rights against the Borrower, Borrower or to exhaust any remedies available to them against the Borrower or to resort to any other source or means of obtaining payment of any of the said obligations Obligations or to elect any other remedy.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Perkins Family Restaurants Lp)

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