Common use of Guaranteed Obligations Not Affected Clause in Contracts

Guaranteed Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or the Trustee) that, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of the Trustee or otherwise, including, without limitation: (a) any limitation of status or power, disability, incapacity or other circumstance relating to the Company or any other Person, including any insolvency, bankruptcy, liquidation, reorganization, readjustment, composition, dissolution, winding-up or other proceeding involving or affecting the Company or any other Person; (b) any irregularity, defect, unenforceability or invalidity in respect of any indebtedness or other obligation of the Company or any other Person under the Financing Agreement or any other document or instrument; (c) any failure of the Company or any other Guarantor, whether or not without fault on its part, to perform or comply with any of the provisions of this Guaranty or the Financing Agreement, or to give notice thereof to a Guarantor; (d) the taking or enforcing or exercising or the refusal or neglect to take or enforce or exercise any right or remedy from or against the Company or any other Person or their respective assets or the release or discharge of any such right or remedy; (e) the granting of time, renewals, extensions, compromises, concessions, waivers, releases, discharges and other indulgences to the Company or any other Person; (f) any change in the time, manner or place of payment of, or in any other term of, the Bonds or the Financing Agreement, or any other amendment, variation, supplement, replacement or waiver of, or any consent to departure from, the Bonds or the Financing Agreement, including, without limitation, any increase or decrease in the principal amount of or premium, if any, or interest on the Bonds; (g) except as provided in Section 7, any change in the ownership, control, name, objects, businesses, assets, capital structure or constitution of the Company or a Guarantor; (h) except as provided in Section 7, any merger or amalgamation of the Company or a Guarantor with any Person or Persons; (i) the occurrence of any change in the laws, rules, regulations or ordinances of any jurisdiction by any present or future action of any governmental authority or court amending, varying, reducing or otherwise affecting, or purporting to amend, vary, reduce or otherwise affect, any of the Guaranteed Obligations or the obligations of a Guarantor under this Guaranty; and (j) any other circumstance, including release of another Guarantor pursuant to Section 7 (other than by complete, irrevocable payment), that might otherwise constitute a legal or equitable discharge or defense of the Company under the Financing Agreement or of a Guarantor in respect of its guarantee hereunder.

Guaranteed Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or the Trustee) that, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of the Trustee or otherwise, including, without limitation: (a) any limitation of status or power, disability, incapacity or other circumstance relating to the Company or any other Person, including any insolvency, bankruptcy, liquidation, reorganization, readjustment, composition, dissolution, winding-up or other proceeding involving or affecting the Company or any other Person; (b) any irregularity, defect, unenforceability or invalidity in respect of any indebtedness or other obligation of the Company or any other Person under the Financing Loan Agreement or any other document or instrument; (c) any failure of the Company or any other Guarantor, whether or not without fault on its part, to perform or comply with any of the provisions of this Guaranty or the Financing Loan Agreement, or to give notice thereof to a Guarantor; (d) the taking or enforcing or exercising or the refusal or neglect to take or enforce or exercise any right or remedy from or against the Company or any other Person or their respective assets or the release or discharge of any such right or remedy; (e) the granting of time, renewals, extensions, compromises, concessions, waivers, releases, discharges and other indulgences to the Company or any other Person; (f) any change in the time, manner or place of payment of, or in any other term of, the Bonds or the Financing Loan Agreement, or any other amendment, variation, supplement, replacement or waiver of, or any consent to departure from, the Bonds or the Financing Loan Agreement, including, without limitation, any increase or decrease in the principal amount of or premium, if any, or interest on the Bonds; (g) except as provided in Section 7, any change in the ownership, control, name, objects, businesses, assets, capital structure or constitution of the Company or a Guarantor; (h) except as provided in Section 7, any merger or amalgamation of the Company or a Guarantor with any Person or Persons; (i) the occurrence of any change in the laws, rules, regulations or ordinances of any jurisdiction by any present or future action of any governmental authority or court amending, varying, reducing or otherwise affecting, or purporting to amend, vary, reduce or otherwise affect, any of the Guaranteed Obligations or the obligations of a Guarantor under this Guaranty; and (j) any other circumstance, including release of another Guarantor pursuant to Section 7 (other than by complete, irrevocable payment), that might otherwise constitute a legal or equitable discharge or defense of the Company under the Financing Loan Agreement or of a Guarantor in respect of its guarantee hereunder.

Guaranteed Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or the Trustee) thatwhich, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of the Trustee or otherwise, including, without limitation: (a) any limitation of status or power, disability, incapacity or other circumstance relating to the Company or any other Person, including any insolvency, bankruptcy, liquidation, reorganization, readjustment, composition, dissolution, winding-up or other proceeding involving or affecting the Company or any other Person; (b) any irregularity, defect, unenforceability or invalidity in respect of any indebtedness or other obligation of the Company or any other Person under the Financing Agreement Agreement, the Note or any other document or instrument; (c) any failure of the Company or any other Guarantor, whether or not without fault on its part, to perform or comply with any of the provisions of this Guaranty Guaranty, the Financing Agreement or the Financing AgreementNote, or to give notice thereof to a Guarantor; (d) the taking or enforcing or exercising or the refusal or neglect to take or enforce or exercise any right or remedy from or against the Company or any other Person or their respective assets or the release or discharge of any such right or remedy; (e) the granting of time, renewals, extensions, compromises, concessions, waivers, releases, discharges and other indulgences to the Company or any other Person; (f) any change in the time, manner or place of payment of, or in any other term of, the Bonds Series 2005R-2 Bonds, the Note or the Financing Agreement, or any other amendment, variation, supplement, replacement or waiver of, or any consent to departure from, the Bonds Series 2005R-2 Bonds, the Note or the Financing Agreement, including, without limitation, any increase or decrease in the principal amount of or premium, if any, or interest on the Series 2005R-2 Bonds; (g) except as provided in Section 7, any change in the ownership, control, name, objects, businesses, assets, capital structure or constitution of the Company or a Guarantor; (h) except as provided in Section 7, any merger or amalgamation of the Company or a Guarantor with any Person or Persons; (i) the occurrence of any change in the laws, rules, regulations or ordinances of any jurisdiction by any present or future action of any governmental authority or court amending, varying, reducing or otherwise affecting, or purporting to amend, vary, reduce or otherwise affect, any of the Guaranteed Obligations or the obligations of a Guarantor under this Guaranty; and (j) any other circumstance, including release of another Guarantor pursuant to Section 7 (other than by complete, irrevocable payment), that might otherwise constitute a legal or equitable discharge or defense of the Company under the Financing Agreement or the Note or of a Guarantor in respect of its guarantee hereunder.

Guaranteed Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or the Trustee) thatwhich, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of the Trustee or otherwise, including, without limitation: (a) any limitation of status or power, disability, incapacity or other circumstance relating to the Company or any other Person, including any insolvency, bankruptcy, liquidation, reorganization, readjustment, composition, dissolution, winding-up or other proceeding involving or affecting the Company or any other Person; (b) any irregularity, defect, unenforceability or invalidity in respect of any indebtedness or other obligation of the Company or any other Person under the Financing Agreement Agreement, the Note or any other document or instrument; (c) any failure of the Company or any other Guarantor, whether or not without fault on its part, to perform or comply with any of the provisions of this Guaranty Guaranty, the Financing Agreement or the Financing AgreementNote, or to give notice thereof to a Guarantor; (d) the taking or enforcing or exercising or the refusal or neglect to take or enforce or exercise any right or remedy from or against the Company or any other Person or their respective assets or the release or discharge of any such right or remedy; (e) the granting of time, renewals, extensions, compromises, concessions, waivers, releases, discharges and other indulgences to the Company or any other Person; (f) any change in the time, manner or place of payment of, or in any other term of, the Bonds Bonds, the Note or the Financing Agreement, or any other amendment, variation, supplement, replacement or waiver of, or any consent to departure from, the Bonds Bonds, the Note or the Financing Agreement, including, without limitation, any increase or decrease in the principal amount of or premium, if any, or interest on the Bonds; (g) except as provided in Section 7, any change in the ownership, control, name, objects, businesses, assets, capital structure or constitution of the Company or a Guarantor; (h) except as provided in Section 7, any merger or amalgamation of the Company or a Guarantor with any Person or Persons; (i) the occurrence of any change in the laws, rules, regulations or ordinances of any jurisdiction by any present or future action of any governmental authority or court amending, varying, reducing or otherwise affecting, or purporting to amend, vary, reduce or otherwise affect, any of the Guaranteed Obligations or the obligations of a Guarantor under this Guaranty; and (j) any other circumstance, including release of another Guarantor pursuant to Section 7 (other than by complete, irrevocable payment), that might otherwise constitute a legal or equitable discharge or defense of the Company under the Financing Agreement or the Note or of a Guarantor in respect of its guarantee hereunder.

Guaranteed Obligations Not Affected. The To the fullest extent permitted by law, the obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the TrusteeHolders) thatwhich, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Trustee Holders or otherwise, including, without limitation: (a) any limitation of status or power, disability, incapacity or other circumstance relating to the Company Issuer or any other Person, including any insolvency, bankruptcy, liquidation, reorganization, readjustment, composition, dissolution, winding-up or other proceeding involving or affecting the Company Issuer or any other Person; (b) any irregularity, defect, unenforceability or invalidity in respect of any indebtedness or other obligation of the Company Issuer or any other Person under this Indenture, the Financing Agreement Notes or any other document or instrument; (c) any failure of the Company Issuer or any other Guarantor, whether or not without fault on its part, to perform or comply with any of the provisions of this Guaranty Indenture or the Financing AgreementNotes, or to give notice thereof to a Guarantor; (d) the taking or enforcing or exercising or the refusal or neglect to take or enforce or exercise any right or remedy from or against the Company Issuer or any other Person or their respective assets or the release or discharge of any such right or remedy; (e) the granting of time, renewals, extensions, compromises, concessions, waivers, releases, discharges and other indulgences to the Company Issuer or any other Person; (f) any change in the time, manner or place of payment of, or in any other term of, any of the Bonds or the Financing AgreementNotes, or any other amendment, variation, supplement, replacement or waiver of, or any consent to departure from, any of the Bonds Notes or the Financing Agreementthis Indenture, including, without limitation, including any increase or decrease in the principal amount of or premium, if any, or interest on any of the BondsNotes; (g) except as provided in Section 7, any change in the ownership, control, name, objects, businesses, assets, capital structure or constitution of the Company Issuer or a Guarantor; (h) except as provided in Section 7, any merger or amalgamation of the Company Issuer or a Guarantor with any Person or Persons;; and (i) the occurrence of any change in the laws, rules, regulations or ordinances of any jurisdiction by any present or future action of any governmental authority or court amending, varying, reducing or otherwise affecting, or purporting to amend, vary, reduce or otherwise affect, any of the Guaranteed Obligations or the obligations of a Guarantor under this its Guaranty; and (j) any other circumstance, including release of another Guarantor pursuant to Section 7 (other than by complete, irrevocable payment), that might otherwise constitute a legal or equitable discharge or defense of the Company under the Financing Agreement or of a Guarantor in respect of its guarantee hereunder.

Guaranteed Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or the Trustee) that, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of the Trustee or otherwise, including, without limitation: (a) any limitation of status or power, disability, incapacity or other circumstance relating to the Company or any other Person, including any insolvency, bankruptcy, liquidation, reorganization, readjustment, composition, dissolution, winding-up or other proceeding involving or affecting the Company or any other Person; (b) any irregularity, defect, unenforceability or invalidity in respect of any indebtedness or other obligation of the Company or any other Person under the Financing Loan Agreement or any other document or instrument; (c) any failure of the Company or any other Guarantor, whether or not without fault on its part, to perform or comply with any of the provisions of this Guaranty or the Financing Loan Agreement, or to give notice thereof to a Guarantor; (d) the taking or enforcing or exercising or the refusal or neglect to take or enforce or exercise any right or remedy from or against the Company or any other Person or their respective assets or the release or discharge of any such right or remedy; (e) the granting of time, renewals, extensions, compromises, concessions, waivers, releases, discharges and other indulgences to the Company or any other Person; (f) any change in the time, manner or place of payment of, or in any other term of, the Series 2020R-1 Bonds or the Financing Loan Agreement, or any other amendment, variation, supplement, replacement or waiver of, or any consent to departure from, the Series 2020R-1 Bonds or the Financing Loan Agreement, including, without limitation, any increase or decrease in the principal amount of or premium, if any, or interest on the Series 2020R-1 Bonds; (g) except as provided in Section 7, any change in the ownership, control, name, objects, businesses, assets, capital structure or constitution of the Company or a Guarantor; (h) except as provided in Section 7, any merger or amalgamation of the Company or a Guarantor with any Person or Persons; (i) the occurrence of any change in the laws, rules, regulations or ordinances of any jurisdiction by any present or future action of any governmental authority or court amending, varying, reducing or otherwise affecting, or purporting to amend, vary, reduce or otherwise affect, any of the Guaranteed Obligations or the obligations of a Guarantor under this Guaranty; and (j) any other circumstance, including release of another Guarantor pursuant to Section 7 (other than by complete, irrevocable payment), ) that might otherwise constitute a legal or equitable discharge or defense of the Company under the Financing Loan Agreement or of a Guarantor in respect of its guarantee hereunder.

Guaranteed Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or the Trustee) that, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of the Trustee or otherwise, including, without limitation: (a) any limitation of status or power, disability, incapacity or other circumstance relating to the Company or any other Person, including any insolvency, bankruptcy, liquidation, reorganization, readjustment, composition, dissolution, winding-up or other proceeding involving or affecting the Company or any other Person; (b) any irregularity, defect, unenforceability or invalidity in respect of any indebtedness or other obligation of the Company or any other Person under the Financing Loan Agreement or any other document or instrument; (c) any failure of the Company or any other Guarantor, whether or not without fault on its part, to perform or comply with any of the provisions of this Guaranty or the Financing Loan Agreement, or to give notice thereof to a Guarantor; (d) the taking or enforcing or exercising or the refusal or neglect to take or enforce or exercise any right or remedy from or against the Company or any other Person or their respective assets or the release or discharge of any such right or remedy; (e) the granting of time, renewals, extensions, compromises, concessions, waivers, releases, discharges and other indulgences to the Company or any other Person; (f) any change in the time, manner or place of payment of, or in any other term of, the Bonds (except a change resulting in a Letter of Credit being in effect with respect to the applicable Bonds, or series thereof), or the Financing Loan Agreement, or any other amendment, variation, supplement, replacement or waiver of, or any consent to departure from, the Bonds or the Financing Loan Agreement, including, without limitation, any increase or decrease in the principal amount of or premium, if any, or interest on the Bonds; (g) except as provided in Section 7, any change in the ownership, control, name, objects, businesses, assets, capital structure or constitution of the Company or a Guarantor; (h) except as provided in Section 7, any merger or amalgamation of the Company or a Guarantor with any Person or Persons; (i) the occurrence of any change in the laws, rules, regulations or ordinances of any jurisdiction by any present or future action of any governmental authority or court amending, varying, reducing or otherwise affecting, or purporting to amend, vary, reduce or otherwise affect, any of the Guaranteed Obligations or the obligations of a Guarantor under this Guaranty; and (j) any other circumstance, including release of another Guarantor pursuant to Section 7 (other than by complete, irrevocable payment), ) that might otherwise constitute a legal or equitable discharge or defense of the Company under the Financing Loan Agreement or of a Guarantor in respect of its guarantee hereunder.

Guaranteed Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or the Trustee) that, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of the Trustee or otherwise, including, without limitation: (a) any limitation of status or power, disability, incapacity or other circumstance relating to the Company or any other Person, including any insolvency, bankruptcy, liquidation, reorganization, readjustment, composition, dissolution, winding-up or other proceeding involving or affecting the Company or any other Person; (b) any irregularity, defect, unenforceability or invalidity in respect of any indebtedness or other obligation of the Company or any other Person under the Financing Loan Agreement or any other document or instrument; (c) any failure of the Company or any other Guarantor, whether or not without fault on its part, to perform or comply with any of the provisions of this Guaranty or the Financing Loan Agreement, or to give notice thereof to a Guarantor; (d) the taking or enforcing or exercising or the refusal or neglect to take or enforce or exercise any right or remedy from or against the Company or any other Person or their respective assets or the release or discharge of any such right or remedy; (e) the granting of time, renewals, extensions, compromises, concessions, waivers, releases, discharges and other indulgences to the Company or any other Person; (f) any change in the time, manner or place of payment of, or in any other term of, the Series 2022A-1 Bonds or the Financing Loan Agreement, or any other amendment, variation, supplement, replacement or waiver of, or any consent to departure from, the Series 2022A-1 Bonds or the Financing Loan Agreement, including, without limitation, any increase or decrease in the principal amount of or premium, if any, or interest on the Series 2022A-1 Bonds; (g) except as provided in Section 7, any change in the ownership, control, name, objects, businesses, assets, capital structure or constitution of the Company or a Guarantor; (h) except as provided in Section 7, any merger or amalgamation of the Company or a Guarantor with any Person or Persons; (i) the occurrence of any change in the laws, rules, regulations or ordinances of any jurisdiction by any present or future action of any governmental authority or court amending, varying, reducing or otherwise affecting, or purporting to amend, vary, reduce or otherwise affect, any of the Guaranteed Obligations or the obligations of a Guarantor under this Guaranty; and (j) any other circumstance, including release of another Guarantor pursuant to Section 7 (other than by complete, irrevocable payment), ) that might otherwise constitute a legal or equitable discharge or defense of the Company under the Financing Loan Agreement or of a Guarantor in respect of its guarantee hereunder.

Guaranteed Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the TrusteeHolders) thatwhich, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Trustee Holders or otherwise, including, without limitation: (ai) any limitation of status or power, disability, incapacity or other circumstance relating to the Company any Co-Issuer or any other Person, including any insolvency, bankruptcy, liquidation, reorganization, readjustment, composition, dissolution, winding-up or other proceeding involving or affecting the Company any Co-Issuer or any other Person; (bii) any irregularity, defect, unenforceability or invalidity in respect of any indebtedness or other obligation of the Company any Co-Issuer or any other Person under this Indenture, the Financing Agreement Notes or any other document or instrument; (ciii) any failure of the Company any Co-Issuer or any other Guarantor, whether or not without fault on its part, to perform or comply with any of the provisions of this Guaranty Indenture, the Notes or the Financing Agreementany Guarantee, or to give notice thereof to a Guarantor; (div) the taking or enforcing or exercising or the refusal or neglect to take or enforce or exercise any right or remedy from or against the Company any Co- Issuer or any other Person or their respective assets or the release or discharge of any such right or remedy; (ev) the granting of time, renewals, extensions, compromises, concessions, waivers, releases, discharges and other indulgences to the Company Issuer or any other Person; (fvi) any change in the time, manner or place of payment of, or in any other term of, any of the Bonds or the Financing AgreementNotes, or any other amendment, variation, supplement, replacement or waiver of, or any consent to departure from, any of the Bonds Notes or the Financing Agreementthis Indenture, including, without limitation, any increase or decrease in the principal amount of or premium, if any, or interest on any of the BondsNotes; (gvii) except as provided in Section 7, any change in the ownership, control, name, objects, businesses, assets, capital structure or constitution of the Company any Co-Issuer or a Guarantor; (hviii) except as provided in Section 7, any merger or amalgamation of the Company any Co-Issuer or a Guarantor with any Person or Persons; (iix) the occurrence of any change in the laws, rules, regulations or ordinances of any jurisdiction by any present or future action of any governmental authority or court amending, varying, reducing or otherwise affecting, or purporting to amend, vary, reduce or otherwise affect, any of the Guaranteed Obligations or the obligations of a Guarantor under this Guarantyits Guarantee; and (jx) any other circumstance, including release of another the Guarantor pursuant to Section 7 11.05 (other than by complete, irrevocable payment), ) that might otherwise constitute a legal or equitable discharge or defense of any Co-Issuer under this Indenture or the Company under the Financing Agreement Notes or of a Guarantor in respect of its guarantee Guarantee hereunder.

Guaranteed Obligations Not Affected. The obligations of each Guarantor hereunder Guaranteed Obligations shall be continuing and irrevocable, absolute and unconditional, primary and original, immediate and not contingent and shall remain in full force and effect without regard to and shall not be affectedreleased, impaired discharged or diminished in any way affected by any act, omission, matter circumstance or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or the Trustee) that, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of the Trustee or otherwise, condition including, without limitation, the occurrence of any one or more of the following events: (a) any limitation lack of status legality, validity or power, disability, incapacity or other circumstance relating to enforceability of any of the Company Guaranteed Agreements or any other Person, including any insolvency, bankruptcy, liquidation, reorganization, readjustment, composition, dissolution, winding-up or other proceeding involving or affecting the Company Operative Document or any other Persondocument, instrument or agreement, or any provision thereof, the absence of any action to enforce the same or waiver or consent with respect to any provision thereof; (b) any irregularity, defect, unenforceability or invalidity in respect of any indebtedness or other obligation of the Company or any other Person under the Financing Agreement or any other document or instrument; (c) any failure of the Company or any other Guarantor, whether or not without fault on its part, to perform or comply with any of the provisions of this Guaranty or the Financing Agreement, or to give notice thereof to a Guarantor; (d) the taking or enforcing or exercising or the refusal or neglect to take or enforce or exercise any right or remedy from or against the Company or any other Person or their respective assets or the release or discharge of any such right or remedy; (e) the granting of time, renewals, extensions, compromises, concessions, waivers, releases, discharges and other indulgences to the Company or any other Person; (f) any change in the time, manner or place of payment of, or in any other term of, all or any of the Bonds or the Financing Agreement, amounts payable under any Guaranteed Agreement or any other amendment, variation, supplement, replacement amendment or waiver of, of or any consent to any departure fromfrom the terms and conditions thereof; (c) any exchange, addition, release or non-perfection of any security for any Guaranteed Obligation or the acceptance of any security therefor or any redelivery, repossession, sale, transfer or other disposition, surrender or destruction of the Platform or the Undivided Interest or any acceptance by any Beneficiary of any direct or indirect security for, or other guarantees of, any Guaranteed Obligation; (d) the waiver by any Beneficiary of the performance or observance by the Lessee of any Guaranteed Obligation or of any default in the performance or observance thereof (except to the extent that the payment or performance of any Guaranteed Obligation is waived in writing by all Beneficiaries), or any extension by any Beneficiary of the time for payment or performance and discharge by the Lessee of any Guaranteed Obligation or any extension or renewal of any Guaranteed Obligation; (e) any bankruptcy, insolvency, winding up or reorganization of, or similar proceedings involving, the Bonds Guarantor, the Lessee or the Financing Agreement, including, without limitation, any increase or decrease in the principal amount of or premium, if anyother Person, or interest on any rejection or modification of any Guaranteed Agreement (including the BondsLease) to which the Lessee or any other Person is a party in any such proceeding; (f) the recovery of any judgment against any Person or any action to enforce the same; (g) except as provided in Section 7, any change failure or delay in the ownership, control, name, objects, businesses, assets, capital structure or constitution enforcement of the Company obligations of any Person under any Guaranteed Agreement (or a Guarantorany other agreement) or any provision thereof; (h) except any set-off, compensation (as provided that term issued in Section 7Book III, any merger or amalgamation Title III of the Company Louisiana Civil Code) counterclaim, deduction, defense, abatement, suspension, deferment, diminution, recoupment, limitation or a termination available with respect to any Guaranteed Obligation, and, to the extent permitted by applicable law, irrespective of any other circumstances that might otherwise limit recourse by or against the Guarantor with or any Person or Personsother Person; (i) the occurrence obtaining of the release of the primary or secondary obligation of any change other Person, in addition to the lawsGuarantor, rules, regulations or ordinances of with respect to any jurisdiction by any present or future action of any governmental authority or court amending, varying, reducing or otherwise affecting, or purporting to amend, vary, reduce or otherwise affect, any of the Guaranteed Obligations or the obligations of a Guarantor under this Guaranty; andObligation; (j) any compromise, settlement, alteration, amendment, modification, extension, renewal, release, termination or other circumstancechange, or waiver, consent or other action, or delay or omission or failure to act by any Person including any Beneficiary or the Indenture Trustee, if applicable, in respect of any of the terms, covenants or conditions (including, without limitation, notice provisions) of any Guaranteed Agreement or Guaranteed Obligation, or any other agreement or any related document referred to therein, or any assignment or transfer of any thereof or any subleasing of the Undivided Interest, whether or not any such act may deprive Guarantor of its right to subrogation against Lessee (if any); (k) any defect in the compliance with specifications, condition, design, operation or fitness for use of, or any damage to or loss or destruction of, or any interruption or cessation in the use of the Platform by the Lessee or any Person for any reason whatsoever regardless of the duration thereof, whether or not without fault on the part of the Lessee or any other Person; (l) any merger or consolidation of the Lessee or the Guarantor into or with any other Person or any sale, lease or transfer of any other assets of the Lessee or the Guarantor to any other Person, or any change in the structure of, including release the ownership of another any shares of the capital stock of, the Guarantor pursuant or the Lessee or confusion of the Guaranteed Obligations (as that term is used in Book III, Title III of the Louisiana Civil Code); (m) the failure of the Guarantor to Section 7 receive any benefit from or as a result of its execution, delivery and performance of this Guaranty; or (n) to the maximum extent permitted by law, any other than by complete, irrevocable payment), circumstance whether similar or dissimilar to the foregoing that might otherwise constitute a legal or equitable defense or discharge of a guarantor or defense surety with respect to any Guaranteed Obligation. Notwithstanding the express terms and conditions of this Guaranty, should any money due or owing under this Guaranty not be recoverable from the Guarantor due to any of the Company under matters specified in Sections 5.1(a) through (m) above; then, in any such case, such money shall nevertheless be recoverable from the Financing Agreement or of a Guarantor as though the Guarantor were principal debtor in respect of its guarantee hereunderthereof and not merely a guarantor and shall be paid by the Guarantor forthwith.