Legal Limitations, etc. As a separate and independent stipulation, the Guarantor agrees that any of the Buyer Guaranteed Obligations (including, without limitation, any monies payable) which may not be enforceable against or recoverable from the Buyer by reason of any legal limitation, disability or incapacity on or of the Buyer (or any of its Affiliates to which the Buyer has transferred any of its rights and obligations hereunder) or any other fact or circumstance (other than any limitation imposed by this Agreement) shall nevertheless be enforceable against and recoverable from the Guarantor as though the same had been incurred by the Guarantor and the Guarantor were the sole or principal obligor in respect thereof and shall be performed or paid by the Guarantor on demand.
Appears in 2 contracts
Samples: Agreement for the Sale and Purchase of the Towers Latam Division of Telxius Telecom, s.A. (American Tower Corp /Ma/), Agreement for the Sale and Purchase of the Towers Latam Division of Telxius Telecom, s.A. (Telefonica S A)
Legal Limitations, etc. As a separate and independent stipulation, the Guarantor agrees that any of the Buyer Guaranteed Obligations (including, without limitation, any monies moneys payable) which may not be enforceable against or recoverable from the Buyer by reason of any legal limitation, disability or incapacity on or of the Buyer (or any of its Affiliates to which the Buyer has transferred any of its rights and obligations hereunder) or any other fact or circumstance (other than any limitation imposed by this Agreement) shall nevertheless be enforceable against and recoverable from the Guarantor as though the same had been incurred by the Guarantor and the Guarantor were the sole or principal obligor in respect thereof and shall be performed or paid by the Guarantor on demand.
Appears in 2 contracts
Samples: Agreement for the Sale and Purchase of the Towers Europe Division of Telxius Telecom, s.A. (American Tower Corp /Ma/), Agreement for the Sale and Purchase of the Towers Europe Division (Telefonica S A)