Guarantor as Principal Debtor. As between the Guarantor and the Trustee, the Noteholders and the Couponholders but without affecting the Issuer’s obligations, the Guarantor shall be liable under this Clause as if it were the sole principal debtor and not merely a surety. Accordingly, it shall not be discharged, nor shall its liability be affected, by anything that would not discharge it or affect its liability if it were the sole principal debtor (including (1) any time, indulgence, waiver or consent at any time given to the Issuer or any other person, (2) any amendment to any other provisions of this Trust Deed or to the Conditions or to any security or other guarantee or indemnity, (3) the making or absence of any demand on the Issuer or any other person for payment, (4) the enforcement or absence of enforcement of this Trust Deed, the Notes, the Receipts or the Coupons or of any security or other guarantee or indemnity, (5) the taking, existence or release of any security, guarantee or indemnity, (6) the dissolution, amalgamation, reconstruction or reorganisation of the Issuer or any other person or (7) the illegality, invalidity or unenforceability of or any defect in any provision of this Trust Deed, the Notes, the Receipts or the Coupons or any of the Issuer’s obligations under any of them).
Guarantor as Principal Debtor. The Guarantor acknowledges and agrees that none of its liabilities under this Guarantee shall be reduced, discharged or otherwise impaired by:
(a) any variation, extension, discharge, compromise, dealing with, exchange or renewal of any right or remedy which EBRD may now or hereafter have from or against the Company or any other person in respect of any of the obligations and liabilities of the Company or any other person under and in respect of any of the Financing Agreements;
(b) any act or omission by EBRD or any other person in taking up, perfecting or enforcing any security, indemnity or guarantee from or against the Company or any other person;
(c) any termination, amendment, variation, novation or supplement of or to any of the Financing Agreements (other than termination following full and irrevocable payment of all amounts which may be or become payable under or in connection with the Financing Agreements);
(d) any grant of time, indulgence, waiver, consent or concession to the Company and or other person;
(e) any of the insolvency, bankruptcy, liquidation, administration, winding-up, incapacity, limitation, disability and discharge by operation of law of, and any change in the constitution or name of, the Company or any other person;
(f) any invalidity, illegality, unenforceability, irregularity of, or any defect in, any provision of any Financing Agreement or any Security or other guarantee or any of the actual or purported obligations of the Company or any other person under or in connection with any Financing Agreement or any Security or any other guarantee;
(g) any claim against or enforcement of payment from the Company or any other person;
(h) the taking, existence or release of any Security or other guarantee;
(i) the release of any debtor or co-guarantor or any other person under the terms of any composition or arrangement with any creditor of the Company;
(j) any re-organisation or alteration of the legal structure of the Company or any other party to a Financing Agreement;
(k) any purported or actual assignment of the Financing Agreements by EBRD to any person; or
(l) any act or omission which would not have discharged or affected the liability of the Guarantor had it been a principal debtor instead of guarantor or indemnitor or by anything done or omitted by any person which but for this provision might operate to exonerate or discharge the Guarantor or otherwise reduce or extinguish its liability under this Guarantee.
Guarantor as Principal Debtor. As between the relevant Guarantor(s) and the Trustee, the Noteholders and the Couponholders but without affecting the relevant Issuer’s obligations, the relevant Guarantor(s) shall be liable under this Clause as if it were the sole principal debtor and not merely a surety. Accordingly, it shall not be discharged, nor shall its liability be affected, by anything that would not discharge it or affect its liability if it were the sole principal debtor (including (a) any time, indulgence, waiver or consent at any time given to the relevant Issuer or any other person, (b) any amendment to any other provisions of this Trust Deed or to the Conditions or to any security or other guarantee or indemnity, (c) the making or absence of any demand on the relevant Issuer or any other person for payment, (d) the enforcement or absence of enforcement of this Trust Deed, the Notes, the Receipts or the Coupons or of any security or other guarantee or indemnity, (e) the taking, existence or release of any security, guarantee or indemnity, (f) the dissolution, amalgamation, reconstruction or reorganisation of the relevant Issuer or any other person or (g) the illegality, invalidity or unenforceability of or any defect in any provision of this Trust Deed, the Notes, the Receipts or the Coupons or any of the relevant Issuer’s obligations under any of them).
Guarantor as Principal Debtor. As between the parent and us but without affecting the cardmember’s obligations, the parent shall be liable for the total outstanding balance under this agreement as if he/she were the sole principal debtor and not merely a surety. Accordingly, the parent shall not be discharged, nor shall his/ her liability be affected, by anything which would not discharge him/ her or affect his/her liability if he/she were the sole principal debtor (including (i) any time, indulgence, concession, waiver, forbearance or consent at any time given to the cardmember or any other person, (ii) any amendment or supplement to any other provision of this agreement or any other agreement, security, guarantee, indemnity, right, remedy or lien, (iii) the making or absence of any demand on the cardmember or any other person for payment, (iv) the enforcement or absence of enforcement of this agreement or any other agreement, security, guarantee, indemnity, right, remedy or lien, (v) the taking, existence or release of any agreement, security, guarantee, indemnity, right, remedy or lien, (vi) the insolvency or bankruptcy of the cardmember or any other person (or the commencement of any of the foregoing) or (vii) the illegality, invalidity or unenforceability of, or any defect in any provision of, this agreement or any other agreement, security, guarantee, indemnity, right, remedy or lien or any of the obligations of the cardmember or any other party thereunder).
Guarantor as Principal Debtor. As a separate obligation, the Guarantor shall be liable as a principal debtor including, but not limited to, where any liability or obligation of the Customer for any of the Guaranteed Monies is or becomes unlawful, irrecoverable, invalid or unenforceable for any reason including by reason of any legal limitation, disability or incapacity or any other act, omission or circumstance which, but for this provision, would discharge the Guarantor to any extent. Any Guaranteed Monies which may not be recoverable from the Customer for any reason whatsoever shall be recoverable by the Bank from the Guarantor as principal debtor by way of indemnity under this separate obligation, on demand, together with Default Interest thereon in accordance with Clause 3.03 above.
Guarantor as Principal Debtor. Without affecting the Issuer's obligations, the Guarantor will be liable under this Guarantee as if it were the sole principal debtor and not merely a surety. Accordingly, it will not be discharged, nor will its liability be affected, by anything which would not discharge it or affect its liability if it were the sole principal debtor (including (a) any time, indulgence, waiver or consent at any time given to the Issuer or any other person, (b) any amendment to any Security, any Coupon, any Receipt or the Deed of Covenant or to any security or other guarantee or indemnity, (c) the making or absence of any demand on the Issuer or any other person for payment, (d) the enforcement or absence of enforcement THIS GUARANTEE is made on 20 June 2024 by BANCO BILBAO VIZCAYA ARGENTARIA, S.A., NEW YORK BRANCH (the "Guarantor"), in favour of the Relevant Account Holders (as defined in the Deed of Covenant referred to below) in relation to Underlying Securities (as defined in such Deed of Covenant) and the holders for the time being of the Securities, if applicable. Each Relevant Account Holder referred to above and each holder of a Security is a "Holder". This Guarantee shall apply only in relation to 3(a)(2) Notes (as defined in the Deed of Covenant).
Guarantor as Principal Debtor. Without affecting the Issuer's obligations, the obligations of the Guarantor hereunder are unconditional and absolute and the Guarantor will be liable under this Guarantee as if it were the sole principal debtor and not merely a surety. Accordingly, without limiting the generality of the foregoing, it will not be released or discharged, nor will its liability be affected, by anything which would not release or discharge it or affect its liability if it were the sole principal debtor (including (a) any time, indulgence, waiver or consent at any time given to the Issuer or any other person (by operation of law or otherwise),
Guarantor as Principal Debtor. The liability of each Obligor to the Finance Parties under the guarantee given under this clause 12 (“this guarantee”) is deemed to be the liability of a principal debtor and not merely a surety and such liability will not be affected or diminished, nor will any security or guarantee provided by any Obligor be released or discharged, by any act, indulgence, omission or matter which but for this clause would have operated to release any Obligor wholly or partly from its liability to the Finance Parties, including (without limitation):
Guarantor as Principal Debtor. By signing this Lease, the Guarantor becomes the principal debtor to this Lease and is deemed to be a party to this Lease. The Guarantor further agrees that liability under this guarantee shall continue until such time as the Tenant’s legal and financial obligations under this Lease are fulfilled. The Guarantor shall continue to be liable throughout any renewals or extensions to the term of this Lease. Guarantor’s Full Name: Company: Home Street Address: Address: Home City: Postal Code: Contact Name: Work No: Date of Birth: Phone No: Length Of Employment: S.I.N: Own Home (Y/N): Alternative Address For Service: Vehicle Make/Model: License Plate No: Date: Signature: _ Print Name:
Guarantor as Principal Debtor. The Guarantor agrees that it is, and will throughout the Agreement Term remain, liable under this Guarantee as a principal debtor and not as a surety only.
