GUARANTEE, ETC. Each of the Guaranteeing Subsidiaries hereby agrees that from and after the date hereof it shall be a Guarantor under the Indenture and be bound by the terms thereof applicable to Guarantors and shall be entitled to all of the rights and subject to all the obligations of a Guarantor thereunder.
GUARANTEE, ETC. The Guaranteeing Subsidiary hereby agrees that from and after the date hereof it shall be a Guarantor under the Indenture and be bound by the terms thereof applicable to Guarantors and shall be entitled to all of the rights and subject to all the obligations of a Guarantor thereunder.
GUARANTEE, ETC. Each Additional Guarantor hereby agrees that from and after the date hereof it shall be a Guarantor under the Indenture and be bound by its terms thereof applicable to Guarantors and shall be entitled to all of the rights and subject to all of the obligations of a Guarantor thereunder.
GUARANTEE, ETC in respect of services. Save for any condition or warranty implied by law or contained in its standard terms of business or otherwise given in the ordinary course of business, no Group Company has given guarantee condition or warranty or made any representation in respect of services supplied or contracted to be supplied by it or nor has it accepted any obligation that could give rise to any liability after any such services has been supplied by it.
GUARANTEE, ETC. (a) Each of (x) TCCC and (y) prior to Closing, CCE, and following Closing, Splitco (as applicable, a “Guarantor”), hereby guarantees, as a primary obligor and not merely as a surety, the payment and performance of all obligations and other Liabilities of Seller and Buyer, respectively, under this Agreement (as applicable, the “Guaranteed Obligations”). The foregoing guarantee is absolute and unconditional irrespective of circumstances which might otherwise constitute a legal or equitable discharge of, or any defense, setoff or counterclaim available to, a guarantor; provided, that the Guarantors shall have the right to assert any defense that would be available to Seller or Buyer, as applicable, with respect to the Guaranteed Obligations. Each of the Guarantors hereby (i) waives any acceptance, presentment, demand, protest and notice with respect to the Guaranteed Obligations, (ii) agrees to take all action necessary to cause Seller or Buyer, as applicable, to pay and perform its obligations and other Liabilities under this Agreement, (iii) makes the representations and warranties set forth in Sections 4.1, 4.2, 4.5, 5.1 and 5.2, with respect to itself, and (iv) acknowledges and agrees that the terms of Sections 6.2, 6.6, 6.7, 6.13, 6.15, and this Article X bind such Guarantor as a primary party.
(b) For the avoidance of doubt, at the Closing, Splitco shall succeed to all obligations of CCE under this Agreement.
GUARANTEE, ETC. Without the prior written consent of Financial Security, WFAL 2 will not assume, guarantee, endorse or otherwise be or become directly or contingently liable for the obligations of any Person by, among other things, agreeing to purchase any obligation of another Person, agreeing to advance funds to such Person or causing or assisting such Person to maintain any amount of capital.
GUARANTEE, ETC policy against claims arising from the installation of piling up to a limit of R 2 000 000.00 (Two Million Rand) per claim with no limit on the number of claims that may occur and effective for a period of 20 years from the date of completion of the contract
GUARANTEE, ETC. 16.1 For the purposes of succeeding sub-clauses of this Condition, the word “manufactured” will not be deemed to include any work carried out by us in assembling materials which are an integral part of goods supplied or to be supplied under the Contract.
16.2 The goods or materials to be supplied under the Contract are not manufactured by us. Accordingly although we will use reasonable endeavours to secure for the Customer the benefit of any guarantee warranty or free service or maintenance commitment which may have been given by the manufacturer or any other person in respect of any goods or materials supplied under the Contract and we will under no circumstances have any liability whatsoever (except liability for personal injury or death resulting from our or our servants’ negligence) to the Customer in respect of such goods or materials other than to use our reasonable endeavours as aforesaid and in particular but without the generality of the foregoing the Customer must accept as his own responsibility any conditions (including but not limited to returning at his own expense to the manufacturer or such other person any goods or materials the subject of a claim) attached to such guarantee, warranty or free service or maintenance commitment provided always that the exclusion and restriction of liability contained in this Clause 16.2 shall not apply where the Customer is in relation to the Contract dealing as a consumer as defined in the Unfair Contract Terms Act 1977. If the Customer is so dealing, then his statutory rights against us in relation to goods and materials shall remain unaffected.
16.3 If during the period of twelve months from completion of the Contract any work (which term includes assembly but does not include goods or materials supplied under the Contract) carried out by us under the Contract is found upon inspection by or for us to be defective under normal use and service, we will free of cost, repair, or if we so wish, replace that part of the work which has been so found to be defective provided we are notified in writing as soon as possible after discovery of the defect. We will not however be liable to repair or replace as aforesaid if the work has not been properly maintained in accordance with our or the manufacturer’s recommended maintenance procedure or has been subject to any misuse unauthorised repair replacement modification or alteration nor will we be so liable.
16.3.1 in respect of any goods or materials which have not be...
GUARANTEE, ETC any Guarantee ceases to be, or is claimed by a Guarantor not to be, in full force and effect; or
GUARANTEE, ETC. (a) the original Refund Guarantee in respect of the instalment of the Contract Price for the Ship relevant to such first Contract Instalment Advance, duly issued; and
(b) the Refund Guarantee Assignment Consent and Acknowledgement in respect of such Refund Guarantee, duly executed;
