Extent of guarantee and indemnity. The liability of the Buyer’s Guarantor under this clause 20 is not affected by anything that, but for this clause 20, might operate to release or exonerate the Buyer’s Guarantor in whole or in part from its obligations including any of the following, whether with or without the consent of the Buyer’s Guarantor:
(a) the grant to a Buyer Entity, the Buyer’s Guarantor or any other person of any time, waiver or other indulgence, or the discharge or release of a Buyer Entity, the Buyer’s Guarantor or any other person from any liability or obligation;
(b) any transaction or arrangement that may take place between the Seller, a Buyer Entity, the Buyer’s Guarantor or any other person;
(c) the Seller exercising or refraining from exercising its rights under any security or any other rights, powers or remedies against a Buyer Entity, the Buyer’s Guarantor or any other person;
(d) the amendment, replacement, extinguishment, unenforceability, failure, loss, release, discharge, abandonment or transfer either in whole or in part and either with or without consideration, of any security now or in the future held by the Seller from a Buyer Entity, the Buyer’s Guarantor or any other person or by the taking of or failure to take any security;
(e) the failure or omission or any delay by the Seller, a Target Entity or a Buyer Entity to give notice to the Buyer’s Guarantor of any default by a Buyer Entity, Target Entity or any other person under this agreement, the Transitional Services Agreement or the VSM Deed; and
(f) any legal limitation, disability, incapacity or other circumstances related to a Buyer Entity, the Buyer’s Guarantor or any other person.
Extent of guarantee and indemnity. (a) This clause 11 applies:
(1) to the present and future obligations of the Seller under this agreement; and
(2) to this agreement, as amended, supplemented, renewed or replaced.
(b) The obligations of the Guarantor under this clause 11 extend to any change in the obligations of the Seller as a result of any amendment, supplement, renewal or replacement of this agreement.
(c) This clause 11 is not affected, nor are the obligations of the Guarantor under this agreement released or discharged or otherwise affected, by anything which, but for this provision, might have that effect.
(d) This clause 11 applies:
(1) regardless of whether the Guarantor is aware of, or has consented to, or is given notice of, any amendment, supplement, renewal or replacement of any agreement to which the Buyer and the Seller are a party or the occurrence of any other thing; and
(2) irrespective of any rule of law or equity to the contrary.
Extent of guarantee and indemnity. Each of the guarantee in clause 1.3 (“Guarantee”) and the indemnity in clause 1.4 (“Indemnity”) is a continuing obligation despite any intervening payment, settlement or other thing and extends to all of the Buyer’s obligations in connection with the contract. The Guarantor waives any right it has of first requiring the Seller to make demand, commence proceedings or enforce any other right against the Buyer or any other person before claiming from the Guarantor under this Guarantee and Indemnity.
Extent of guarantee and indemnity. The liability of the Seller’s Guarantor under this clause 16 is not affected by anything that, but for this clause 16, might operate to release or exonerate the Seller’s Guarantor in whole or in part from its obligations including any of the following, whether with or without the consent of the Seller’s Guarantor:
(a) the grant to the Seller or any Other Person of any time, waiver or other indulgence, or the discharge or release of the Seller, or any Other Person from any liability or obligation;
(b) any transaction or arrangement that may take place between the Buyer, the Seller, or any Other Person;
(c) the Buyer exercising or refraining from exercising its rights under any security or any other rights, powers or remedies against the Seller or any Other Person;
(d) the amendment, replacement, extinguishment, unenforceability, failure, loss, release, discharge, abandonment or transfer either in whole or in part and either with or without consideration, of any security now or in the future held by the Buyer from the Seller, or any Other Person or by the taking of or failure to take any security;
(e) the failure or omission or any delay by the Buyer or the Seller to give notice to the Seller’s Guarantor of any default by the Seller or any other person under this agreement; and
(f) any legal limitation, disability, incapacity or other circumstances related to the Seller, or any Other Person.
Extent of guarantee and indemnity. (a) The Buyer Guarantor will be responsible to the Sellers in respect of the Guaranteed Obligations in the same manner as if the Buyer Guarantor was the Buyer under this agreement.
(b) The rights given to the Sellers pursuant to this Buyer Guarantee, and the Buyer Guarantor’s liability under it, are not affected by any act, omission or other thing which might otherwise affect it in law or in equity including one or more of the following:
(i) an Insolvency Event affecting a person or the death of a person;
(ii) a change in the constitution, membership, or partnership of a person;
(iii) the partial performance of the Buyer Guaranteed Obligations;
(iv) the Buyer Guaranteed Obligations not being enforceable at any time against any person other than the Buyer Guarantor;
(v) the Sellers granting any time or other indulgence or concession to, compounding or compromising with, or wholly or partially releasing the Buyer or Buyer Guarantor of an obligation;
(vi) any novation of a right of the Sellers;
(vii) acquiescence, delay, acts, omissions or mistakes on the part of the Sellers; or
(viii) the occurrence of any other thing which might otherwise release, discharge or affect the obligations of the Buyer Guarantor under this agreement, except to the extent that that thing also releases, discharges or affects the obligations of the Buyer to the Sellers.
Extent of guarantee and indemnity. Clauses 9.1 and 9.2 apply and the obligations of the Guarantor remain unaffected despite:
(a) an increase in the amount of the Guaranteed Money;
(b) an amendment to this agreement;
(c) a rule of law to the contrary, save that if the Guarantor complying with this Guarantee causes the Guarantor to breach a rule of law, it shall not be required to do so;
(d) an Insolvency Event affecting any person, or the death of any person; or
(e) the occurrence of any other thing that might otherwise release, discharge or otherwise affect the obligations of the Guarantor under this agreement.
Extent of guarantee and indemnity. Each of the guarantee in clause 11.2 and indemnity in clause 11.3 are continuing obligations despite any intervening payment (including Payment), settlement or other thing and extends to all Customer’s obligations. Guarantor waives any right it has of first requiring Financier to commence proceedings or enforce any other right against Customer or any other person before claiming from Guarantor under this Guarantee and Indemnity.
Extent of guarantee and indemnity. (a) This clause 15 applies:
(1) to the present and future obligations of the Seller Group Companies under this agreement; and
(2) to this agreement, as amended, supplemented, renewed or replaced.
(b) The obligations of the Guarantor under this clause 15 extend to any change in the obligations of the Seller Group Companies as a result of any amendment, supplement, renewal or replacement of this agreement.
(c) This clause 15 is not affected, nor are the obligations of the Guarantor under this agreement released or discharged or otherwise affected, by anything which, but for this provision, might have that effect.
(d) This clause 15 applies:
(1) regardless of whether the Guarantor is aware of, or has consented to, or is given notice of, any amendment, supplement, renewal or replacement of any agreement to which the Buyer Group Companies and the Seller Group Companies are a party or the occurrence of any other thing; and
(2) irrespective of any rule of law or equity to the contrary.
Extent of guarantee and indemnity. (a) This Clause 12 applies to:
(i) the present and future amounts of Guaranteed Moneys and the present and future obligations of the Assignee under this agreement, and
(ii) this agreement, as amended, supplemented, renewed or replaced.
(b) The obligations of the Guarantor under this Clause 12 extend to any increase in the Guaranteed Moneys and any change in the obligations of the Assignee as a result of:
(i) any amendment, supplement, renewal or replacement of this agreement; or
(ii) the occurrence of any other thing.
(c) This Clause 12 is not affected nor are the obligations of the Guarantor under this agreement released or discharged or otherwise affected by anything which but for this provision might have that effect.
(d) This Clause 12 applies:
(i) regardless of whether the Guarantor is aware of or has consented to or is given notice of any amendment, supplement, renewal or replacement of any agreement to which the Assignee and the Assignor are a party or the occurrence of any other thing; and
(ii) irrespective of any rule of law or equity to the contrary.
Extent of guarantee and indemnity. This part 21 applies:
