Common use of No Demand or Notice Clause in Contracts

No Demand or Notice. (a) It shall not be a condition to the guarantees and agreements set forth in Section 2.1 (the “Guaranty”) that Buyer shall have first made any request of, or demand upon, or given any notice of the occurrence of a default under the APA or the other Transaction Documents (unless such notice is specifically required under the APA or the other Transaction Documents) or any other notice whatsoever to, Guarantor or Obligor or any other person, or shall have instituted any action or proceeding against Obligor or any other person in respect thereof, or shall have joined Obligor in any such action or proceeding. (b) Buyer, in asserting the benefit of the Guaranty shall give prompt notice to Guarantor of any failure by Obligor to pay, perform or observe any Obligation; provided, however, that any failure, delay (subject to applicable statutes of limitations) or defect in the giving of such notice shall not alter or affect the Guaranty under this Agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Green Plains Inc.)

AutoNDA by SimpleDocs

No Demand or Notice. (a) It shall not be a condition to the guarantees and agreements set forth in Section 2.1 2.01 (the “GuarantyGuarantee”) that Buyer the Company shall have first made any request of, or demand upon, or given any notice of the occurrence of a default under the APA or the other Transaction Documents Merger Agreement (unless such notice is specifically required under the APA or the other Transaction DocumentsMerger Agreement) or any other notice whatsoever to, Guarantor or Obligor or its Affiliates or any other personPerson, or shall have instituted any action or proceeding against Obligor or its Affiliates or any other person Person in respect thereof, or shall have joined Obligor or its Affiliates in any such action or proceeding. (b) BuyerThe Company, in asserting the benefit of the Guaranty Guarantee shall give prompt notice to Guarantor of any failure by Obligor or its Affiliates to pay, perform or observe any Obligation; provided, however, provided that any failure, delay (subject to applicable statutes of limitations) or defect in the giving of such notice shall not alter or affect the Guaranty Guarantee under this Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (JIAYUAN.COM International LTD)

No Demand or Notice. (a) It shall not be a condition to the guarantees and agreements set forth in Section 2.1 (the “Guaranty”) that Buyer shall have first made any request of, or demand upon, or given any notice of the occurrence of a default under the APA or the other Transaction Documents Purchase Agreement (unless such notice is specifically required under the APA or the other Transaction DocumentsPurchase Agreement) or any other notice whatsoever to, Guarantor or Obligor or any other personPerson, or shall have instituted any action or proceeding against Obligor or any other person Person in respect thereof, or shall have joined Obligor in any such action or proceeding. (b) Buyer, in asserting the benefit of the Guaranty Guaranty, shall give prompt notice to Guarantor of any failure by Obligor to pay, perform or observe any Obligation; provided, however, that any failure, delay (subject to applicable statutes of limitations) or defect in the giving of such notice shall not alter or affect the Guaranty under this AgreementGuaranty.

Appears in 1 contract

Samples: Guarantee Agreement (Harvest Natural Resources, Inc.)

AutoNDA by SimpleDocs

No Demand or Notice. (a) It shall not be a condition to the guarantees and agreements set forth in Section 2.1 (the “Guaranty”) that Buyer Seller shall have first made any request of, or demand upon, or given any notice of the occurrence of a default under the APA or the other Transaction Documents (unless such notice is specifically required under the APA or the other Transaction Documents) or any other notice whatsoever to, Guarantor or Obligor or any other person, or shall have instituted any action or proceeding against Obligor or any other person in respect thereof, or shall have joined Obligor in any such action or proceeding. (b) BuyerSeller, in asserting the benefit of the Guaranty shall give prompt notice to Guarantor of any failure by Obligor to pay, perform or observe any Obligation; provided, however, that any failure, delay (subject to applicable statutes of limitations) or defect in the giving of such notice shall not alter or affect the Guaranty under this Agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Green Plains Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!