Common use of Guarantor's Waiver; Remedies; No Subrogation Clause in Contracts

Guarantor's Waiver; Remedies; No Subrogation. The Guarantor hereby expressly waives (to the fullest extent permitted by law): (a) notice of acceptance of this Guarantee, of any Operative Agreement and notice of any Obligation to which it may apply; (b) presentment and demand for payment; (c) protest and notice of dishonor or of default; (d) notice of any action or inaction by any Guaranteed Party or any other Person as contemplated in Section 2 hereof; and (e) any other notice whatsoever. No failure on the part of any Guaranteed Party to exercise, and no delay in exercising, any rights hereunder or under any other Operative Agreement shall operate as a waiver thereof; nor shall any such delay or any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. Notwithstanding any payment or payments made by the Guarantor hereunder or any set-off or application of funds of the Guarantor by any Guaranteed Party, the Guarantor shall not be entitled to be subrogated to any of the rights of such Guaranteed Party against the Company or any collateral security or guarantee or right of offset held by such Guaranteed Party for the payment of the Obligations, nor shall the Guarantor seek or be entitled to seek any reimbursement from the Company in respect of payments made by the Guarantor hereunder, until all past due amounts and performance owing to such Guaranteed Party by the Company on account of the Obligations are paid and performed in full at which time all rights of each Guaranteed Party against the Company in respect of such Obligations shall be assigned to the Guarantor.

Guarantor's Waiver; Remedies; No Subrogation. The Guarantor hereby expressly waives (to the fullest extent permitted by law): : (a) notice of acceptance of this GuaranteeGuaranty, of any Operative the Assumption Agreement and notice of any Obligation to which it may applyor the Note; (b) promptness, diligence, presentment and demand for payment; (c) protest and notice of dishonor or of default; (d) notice any right, defense or other benefit it may have with respect to this Guaranty (including, without limitation, any right to terminate, or to assert any defense to its obligations under this Guaranty) arising under the Bankruptcy Code of the United States as at any action time amended, or inaction by under any Guaranteed Party or any other Person as contemplated in Section 2 hereofsuccessor thereto; and (e) any other notice whatsoevercircumstance which might otherwise constitute a defense available to it (other than a defense of failure to mitigate damages) or a discharge of it. No failure on the part of any Guaranteed Party PCJL to exercise, and no delay in exercising, any rights hereunder or under any other Operative the Assumption Agreement or the Note shall operate as a waiver thereof; , nor shall any such delay or any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. Notwithstanding any payment or payments made by the Guarantor hereunder or any set-off or application of funds of the Guarantor by any Guaranteed PartyPCJL, the Guarantor shall not be entitled to be subrogated to any of the rights of such Guaranteed Party PCJL against the Company or any collateral security or guarantee or right of offset held by such Guaranteed Party PCJL for the payment of the Obligations, nor shall the Guarantor seek or be entitled to seek any reimbursement from the Company in respect of payments made by the Guarantor hereunder, until all past due amounts and performance owing to such Guaranteed Party PCJL by the Company on account of the Obligations are paid and performed in full at which time all rights of each Guaranteed Party against the Company in respect of such Obligations shall be assigned to the Guarantor.full. _____________________________________________________________________________

Guarantor's Waiver; Remedies; No Subrogation. The Guarantor hereby expressly waives (to the fullest extent permitted by law): : (a) notice of acceptance of this GuaranteeGuaranty, of any Operative the Assumption Agreement and notice of any Obligation to which it may applyor the Note; (b) promptness, diligence, presentment and demand for payment; (c) protest and notice of dishonor or of default; (d) notice any right, defense or other benefit it may have with respect to this Guaranty (including, without limitation, any right to terminate, or to assert any defense to its obligations under this Guaranty) arising under the Bankruptcy Code of the United States as at any action time amended, or inaction by under any Guaranteed Party or any other Person as contemplated in Section 2 hereofsuccessor thereto; and (e) any other notice whatsoevercircumstance which might otherwise constitute a defense available to it (other than a defense of failure to mitigate damages) or a discharge of it. No failure on the part of any Guaranteed Party PCJL to exercise, and no delay in exercising, any rights hereunder or under any other Operative the Assumption Agreement or the Note shall operate as a waiver thereof; , nor shall any such delay or any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. Notwithstanding any payment or payments made by the Guarantor hereunder or any set-off or application of funds of the Guarantor by any Guaranteed PartyPCJL, the Guarantor shall not be entitled to be subrogated to any of the rights of such Guaranteed Party PCJL against the Company or any collateral security or guarantee or right of offset held by such Guaranteed Party PCJL for the payment of the Obligations, nor shall the Guarantor seek or be entitled to seek any reimbursement from the Company in respect of payments made by the Guarantor hereunder, until all past due amounts and performance owing to such Guaranteed Party PCJL by the Company on account of the Obligations are paid and performed in full at which time all rights of each Guaranteed Party against the Company in respect of such Obligations shall be assigned to the Guarantorfull.

Guarantor's Waiver; Remedies; No Subrogation. The Guarantor hereby expressly waives (to the fullest extent permitted by law): : (a) notice of acceptance of this GuaranteeGuaranty, of any Operative the Assumption Agreement and notice of any Obligation to which it may applyor the Note; (b) promptness, diligence, presentment and demand for payment; (c) protest and notice of dishonor or of default; (d) notice any right, defense or other benefit it may have with respect to this Guaranty (including, without limitation, any right to terminate, or to assert any defense to its obligations under this Guaranty) arising under the Bankruptcy Code of the United States as at any action time amended, or inaction by under any Guaranteed Party or any other Person as contemplated in Section 2 hereofsuccessor thereto; and (e) any other notice whatsoevercircumstance which might otherwise constitute a defense available to it (other than a defense of failure to mitigate damages) or a discharge of it. No failure on the part of any Guaranteed Party PCJL to exercise, and no delay in exercising, any rights hereunder or under any other Operative the Assumption Agreement or the Note shall operate as a waiver thereof; , nor shall any such delay or any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law. Notwithstanding any payment or payments made by the Guarantor hereunder or any set-off or application of funds of the Guarantor by any Guaranteed PartyPCJL, the Guarantor shall not be entitled to be subrogated to any of the rights of such Guaranteed Party PCJL against the Company or any collateral security or guarantee or right of offset held by such Guaranteed Party PCJL for the payment of the Obligations, nor shall the Guarantor seek or be entitled to seek any reimbursement from the Company in respect of payments made by the Guarantor hereunder, until all past due amounts and performance owing to such Guaranteed Party PCJL by the Company on account of the Obligations are paid and performed in full at which time all rights of each Guaranteed Party against the Company in respect of such Obligations shall be assigned to the Guarantorfull. Section 4.