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).
Appears in 4 contracts
Samples: Trust Deed, Trust Deed, Trust Deed
Guarantor as Principal Debtor. As between the Guarantor and the Trustee, the Noteholders and the Couponholders but without Without affecting the IssuerCompany’s obligations, the Guarantor shall will be liable under this Clause Guarantee as if it were the sole principal debtor and not merely a surety. Accordingly, it shall will not be discharged, nor shall will its liability be affected, by anything that which would not discharge it or affect its liability if it were the sole principal debtor (including (1i) any time, indulgence, waiver or consent at any time given to the Issuer Company or any other person, (2ii) any amendment to any other provisions of this Trust Deed or to the Conditions Security, the Indenture or to any security or other guarantee or indemnity, (3iii) the making or absence of any demand on the Issuer Company or any other person for payment, (4iv) the enforcement or absence of enforcement of this Trust Deedany of the Security, the Notes, the Receipts or the Coupons Indenture or of any security or other guarantee or indemnity, (5v) the taking, existence or release of any such security, guarantee or indemnity, (6vi) the dissolution, amalgamation, reconstruction reconstruction, merger or reorganisation reorganization of the Issuer Company or any other person Person, (vii) the sale or conveyance of the property of the Company or the Guarantor as an entirety or substantially as an entirety to any other Person or (7viii) the illegality, invalidity or unenforceability of or any defect in any provision of this Trust Deed, any of the Notes, the Receipts Security or the Coupons Indenture or any of the IssuerCompany’s obligations under any of them).
Appears in 4 contracts
Samples: Indenture (BBVA International Preferred, S.A. Unipersonal), Paying Agency Agreement (Banco Bilbao Vizcaya Argentaria, S.A.), Indenture (Bbva Subordinated Capital, S.A. Unipersonal)
Guarantor as Principal Debtor. As between the Guarantor and the Trustee, the Noteholders and the Couponholders but without Without affecting the relevant Issuer’s obligations, the Guarantor shall will be liable under this Clause Guarantee as if it were the sole principal debtor and not merely a surety. Accordingly, it shall will not be discharged, nor shall will its liability be affected, by anything that would not discharge it or which but for this provision might operate to affect its liability if it were the sole principal debtor (including (1a) any time, indulgence, waiver or consent at any time given to the Issuer or any other person, (2b) any amendment to any other provisions Note, any Coupon or the Deed of this Trust Deed or to the Conditions Covenant or to any security or other guarantee or indemnity, (3c) the making or absence of any demand on the Issuer or any other person for payment, (4d) the enforcement or absence of enforcement of this Trust Deedany Note, any Coupon, the Notes, the Receipts or the Coupons Deed of Covenant or of any security or other guarantee or indemnity, (5e) the taking, existence or release of any such security, guarantee or indemnity, (6f) the dissolution, amalgamation, reconstruction or reorganisation of the Issuer or any other person or (7g) the illegality, invalidity or unenforceability of or any defect in any provision of this Trust Deedany Note, the Notes, the Receipts any Coupon or the Coupons Deed of Covenant or any of the Issuer’s obligations under any of them).
Appears in 3 contracts
Samples: Euro Medium Term Note Programme, Euro Medium Term Note Programme, Euro Medium Term Note Programme
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 will be liable under this Clause as if it were the sole principal debtor and not merely a surety. Accordingly, it shall will not be discharged, nor shall will its liability be affected, by anything that which 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 Notes 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 Notes or the Coupons or any of the Issuer’s obligations under any of them).
Appears in 1 contract
Samples: Supplemental Trust Deed
Guarantor as Principal Debtor. As between the Guarantor Guarantor, the Trustee and the Trustee, the Noteholders and the Couponholders but without affecting the Issuer’s obligations, the Guarantor shall will be liable under this Clause as if it were the sole principal debtor and not merely a surety. Accordingly, it shall will not be discharged, nor shall will its liability be affected, by anything that which 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 Deed or the Coupons Notes 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 Deed or the Coupons Notes or any of the Issuer’s obligations under any of them).
Appears in 1 contract
Samples: Trust Deed
Guarantor as Principal Debtor. As between the Guarantor Guarantor, the Holders and the Trustee, the Noteholders and the Couponholders Relevant Account Holders but without affecting the IssuerSubstitute’s obligations, the Guarantor shall be liable under this Clause Guarantee as if it were the sole principal debtor and not merely a surety. Accordingly, it its obligations 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 (debtor, including (1) any time, indulgence, waiver or consent at any time given to the Issuer Substitute or any other person, (2) any amendment to any other provisions of this Trust Deed Guarantee or to the Conditions or to any security or other guarantee or indemnity, (3) the making or absence of any demand on the Issuer Substitute or any other person for payment, (4) the enforcement or absence of enforcement of this Trust DeedGuarantee, the NotesBonds, the Receipts or the Coupons Deed of Covenant 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 Substitute or any other person or (7) the illegality, invalidity or unenforceability of or any defect in any provision of this Trust DeedGuarantee, the NotesBonds, the Receipts or the Coupons Deed of Covenant or any of the IssuerSubstitute’s obligations under any of them).
Appears in 1 contract
Samples: Fiscal Agency Agreement