No Discharge of Guarantor. 20.4.1 The Guarantor’s liability under this clause 20 will remain in full force and effect and will not be avoided, released, discharged or reduced nor will the rights of the Landlord be prejudiced or affected by any of the following: (a) any time, indulgence or concession granted by the Landlord to the Tenant or to any other person who is liable; (b) the Landlord dealing with, varying or failing to perfect or enforce any of its rights or remedies against the Tenant or any other person who is liable; (c) the existence of, dealing with, varying or failing to perfect or enforce any other security which may be or become available to the Landlord; (d) any act or neglect of the Landlord by reason of which the benefit of any other security or any right or remedy against any person who is liable is released, lost or diminished; (e) any invalid or ineffective payment by the Tenant or any other person who is liable; (f) any right of set off (whether legal or equitable), counterclaim, recoupment or deduction which may have accrued to the Guarantor, the Tenant or any other person who is liable; (g) any non-acceptance of the Rent or other sums due under this Lease, in circumstances in which the Landlord has reason to suspect a breach of the tenant’s obligations under this Lease; (h) any waiver by the Landlord of any right to forfeit this Lease; (i) a surrender of part of the Premises, except that the Guarantor will have no liability in relation to the surrendered part in respect of any period after the date of the surrender; (j) any death, incapacity, disability or change in the constitution, status or name of the Landlord, the Guarantor, the Tenant or any other person who is liable; (k) any amalgamation or merger by the Landlord, the Guarantor, the Tenant or any other person who is liable with any other person, any restructuring or the acquisition by another person of the whole or any part of its assets or undertaking of the Landlord, the Guarantor, the Tenant or any other person who is liable; (l) the Tenant or any other person who is liable entering into any voluntary arrangement or composition with any of its creditors (whether or not such arrangement or composition binds or is expressed to bind the Landlord); (m) the appointment of any liquidator, trustee in bankruptcy, administrator, receiver or receiver and manager or any other similar officer to, over or in relation to any of the assets or undertaking of the Tenant or any other person who is liable whether any such person is appointed in England and Wales or in any other jurisdiction and whether any such person is appointed in relation to any or all of the Tenant’s (or other such person’s) assets or undertaking in England and Wales or in any other jurisdiction; (n) without prejudice to clause 20.3, the disclaimer of the liability under the Lease of the Tenant or any other person who is liable, or the forfeiture of the Lease; (o) any provisions of the Lease being or becoming wholly or in part void, voidable or unenforceable by the Landlord against the Tenant or any other person who is liable; or (p) any other act, omission or thing by virtue of which, but for this provision, the Guarantor would have avoided or been released or discharged from its obligations under this clause 20 in whole or in part, or the rights or remedies of the Landlord would have been prejudiced or affected, other than a release by deed, entered into by the Landlord in accordance with the terms of such deed. 20.4.2 The Guarantor’s liability under this clause 20 will remain in full force and effect and will not be avoided, released, discharged or reduced nor will the rights of the Landlord be prejudiced or affected by any variation of, addition to or reduction from, the terms of this Lease whether or not the same is substantial or is or may in any way or for any reason be or become prejudicial to the Guarantor or confers only a personal right or obligation. 20.4.3 Without prejudice to clause 20.4.2, as and when called upon to do so by either the Landlord or the Tenant, the Guarantor shall enter into any Supplemental Document (by deed if required) for the purpose of consenting to the Tenant entering into such Supplemental Document and confirming that, subject only to section 18 of the Landlord and Tenant (Covenants) Xxx 0000, all the obligations of the Guarantor will remain in full force and effect in respect of this Lease and will extend and apply to the Lease as varied by that Supplemental Document. 20.4.4 The parties acknowledge that each of the matters referred to in clauses 20.4.1 and 20.4.2 is separate and independent and is not to be interpreted in the light of any other. 20.4.5 This clause 20.4 is without prejudice to section 18 of the Landlord and Tenant (Covenants) Xxx 0000.
Appears in 2 contracts
Samples: Lease (Cra International, Inc.), Lease (Cra International, Inc.)
No Discharge of Guarantor. 20.4.1 The Guarantor’s liability under this clause 20 will remain in full force and effect and will not be avoided, released, discharged or reduced nor will the rights of the Landlord be prejudiced or affected by any of the following:
(a) any time, indulgence or concession granted by the Landlord to the Tenant or to any other person who is liable;
(b) the Landlord dealing with, varying or failing to perfect or enforce any of its rights or remedies against the Tenant or any other person who is liable;
(c) the existence of, dealing with, varying or failing to perfect or enforce any other security which may be or become available to the Landlord;
(d) any act or neglect of the Landlord by reason of which the benefit of any other security or any right or remedy against any person who is liable is released, lost or diminished;
(e) any invalid or ineffective payment by the Tenant or any other person who is liable;
(f) any right of set off (whether legal or equitable), counterclaim, recoupment or deduction which may have accrued to the Guarantor, the Tenant or any other person who is liable;
(g) any non-non acceptance of the Rent or other sums due under this Lease, in circumstances in which the Landlord has reason to suspect a breach of the tenant’s obligations under this Lease;
(h) any waiver by the Landlord of any right to forfeit this Lease;
(i) a surrender of part of the Premises, except that the Guarantor will have no liability in relation to the surrendered part in respect of any period after the date of the surrender;
(j) any death, incapacity, disability or change in the constitution, status or name of the Landlord, the Guarantor, the Tenant or any other person who is liable;
(k) any amalgamation or merger by the Landlord, the Guarantor, the Tenant or any other person who is liable with any other person, any restructuring or the acquisition by another person of the whole or any part of its assets or undertaking of the Landlord, the Guarantor, the Tenant or any other person who is liable;
(l) the Tenant or any other person who is liable entering into any voluntary arrangement or composition with any of its creditors (whether or not such arrangement or composition binds or is expressed to bind the Landlord);
(m) the appointment of any liquidator, trustee in bankruptcy, administrator, receiver or receiver and manager or any other similar officer to, over or in relation to any of the assets or undertaking of the Tenant or any other person who is liable whether any such person is appointed in England and Wales or in any other jurisdiction and whether any such person is appointed in relation to any or all of the Tenant’s (or other such person’s) assets or undertaking in England and Wales or in any other jurisdiction;
(n) without prejudice to clause 20.3, the disclaimer of the liability under the Lease of the Tenant or any other person who is liable, or the forfeiture of the Lease;
(o) any provisions of the Lease being or becoming wholly or in part void, voidable or unenforceable by the Landlord against the Tenant or any other person who is liable; or
(p) any other act, omission or thing by virtue of which, but for this provision, the Guarantor would have avoided or been released or discharged from its obligations under this clause 20 in whole or in part, or the rights or remedies of the Landlord would have been prejudiced or affected, other than a release by deed, entered into by the Landlord in accordance with the terms of such deed.
20.4.2 The Guarantor’s liability under this clause 20 will remain in full force and effect and will not be avoided, released, discharged or reduced nor will the rights of the Landlord be prejudiced or affected by any variation of, addition to or reduction from, the terms of this Lease whether or not the same is substantial or is or may in any way or for any reason be or become prejudicial to the Guarantor or confers only a personal right or obligation.
20.4.3 Without prejudice to clause 20.4.2, as and when called upon to do so by either the Landlord or the Tenant, the Guarantor shall enter into any Supplemental Document (by deed if required) for the purpose of consenting to the Tenant entering into such Supplemental Document and confirming that, subject only to section 18 of the Landlord and Tenant (Covenants) Xxx 0000, all the obligations of the Guarantor will remain in full force and effect in respect of this Lease and will extend and apply to the Lease as varied by that Supplemental Document.
20.4.4 The parties acknowledge that each of the matters referred to in clauses 20.4.1 and 20.4.2 is separate and independent and is not to be interpreted in the light of any other.
20.4.5 This clause 20.4 is without prejudice to section 18 of the Landlord and Tenant (Covenants) Xxx 0000.
Appears in 1 contract
No Discharge of Guarantor. 20.4.1 The Without prejudice to section 18(3) of the Landlord and Tenant (Covenants) Xxx 0000 (Effect of Variations on Guarantors), the Guarantor’s liability under this clause 20 will remain in full force and effect and will not be avoided, released, discharged or reduced nor will the rights of the Landlord be prejudiced or affected by any of the following:
(a) 25.4.1 any time, indulgence or concession granted by the Landlord to the Tenant or to any other person who is liable;
(b) 25.4.2 the Landlord dealing with, exchanging, varying or failing to perfect or enforce any of its rights or remedies against the Tenant or any other person who is liable;
(c) 25.4.3 the existence of, of or dealing with, varying or failing to perfect or enforce any other rights or security which may be or become available to the Landlord;
(d) any act or neglect of the Landlord by reason of which the benefit of any other security may have or any right or remedy acquire against any person who is liable is released, lost or diminished;
(e) any invalid or ineffective payment by the Tenant or any other person who is liableliable in respect of its obligations under this Lease;
(f) 25.4.4 any right variation of, addition to or reduction from the terms of set off (this Lease whether legal or equitable), counterclaim, recoupment not the same is substantial or deduction which may have accrued is prejudicial to the Guarantor, the Tenant Guarantor or any other person who is liableconfers only a personal right or obligation;
(g) 25.4.5 any non-acceptance of the Rent or other sums due from the Tenant under this Lease, in circumstances in which where the Landlord has reason to suspect a breach of the tenant’s its obligations under in this Lease;
(h) any waiver by 25.4.6 the Landlord occurrence of any right to forfeit this Leaseof the events set out in clause 18 (Forfeiture);
(i) 25.4.7 a surrender of part of the Premises, except that the Guarantor will have no liability in relation to the surrendered part in respect of any period after the date of the surrender;
(j) 25.4.8 any death, incapacity, disability or change in the constitution, status or name of the Landlord, the Guarantor, the Tenant or the Landlord;
25.4.9 any amalgamation, merger or reconstruction by the Landlord with any other person who is liable;
(k) any amalgamation or merger by the Landlord, the Guarantor, the Tenant or any other person who is liable with any other person, any restructuring or the acquisition by another person of the whole or any part of its assets or undertaking of the Landlord, the Guarantor, the Tenant or by any other person who is liableperson;
(l) 25.4.10 any voluntary arrangement entered into by the Tenant or any other person who is liable entering into any voluntary arrangement with all or composition with any of its creditors (whether or not such arrangement or composition binds or is expressed to bind the Landlord);
(m) the appointment of any liquidator, trustee in bankruptcy, administrator, receiver or receiver and manager or 25.4.11 any other similar officer to, over or in relation to any of the assets or undertaking of the Tenant or any other person who is liable whether any such person is appointed in England and Wales or in any other jurisdiction and whether any such person is appointed in relation to any or all of the Tenant’s (or other such person’s) assets or undertaking in England and Wales or in any other jurisdiction;
(n) without prejudice to clause 20.3, the disclaimer of the liability under the Lease of the Tenant or any other person who is liable, or the forfeiture of the Lease;
(o) any provisions of the Lease being or becoming wholly or in part void, voidable or unenforceable by the Landlord against the Tenant or any other person who is liable; or
(p) any other act, omission act or thing by virtue of which, but for this provision, the Guarantor would have avoided or been released or discharged from its obligations under this clause 20 in whole or in partclause, or the rights or remedies of the Landlord would have been prejudiced or affected, other than a release by deed, entered into by the Landlord Landlord, in accordance with the terms of such deed.
20.4.2 The Guarantor’s liability under this clause 20 will remain in full force deed and effect and will not be avoided, released, discharged or reduced nor will the rights of the Landlord be prejudiced or affected by any variation of, addition to or reduction from, the terms of this Lease whether or not the same is substantial or is or may in any way or for any reason be or become prejudicial to the Guarantor or confers only a personal right or obligation.
20.4.3 Without prejudice to clause 20.4.2, as and when called upon to do so by either the Landlord or the Tenant, the Guarantor shall enter into any Supplemental Document (by deed if required) for the purpose of consenting to the Tenant entering into such Supplemental Document and confirming that, subject only to section 18 of the Landlord and Tenant (Covenants) Xxx 0000, all the obligations of the Guarantor will remain in full force and effect in respect of this Lease and will extend and apply to the Lease as varied by that Supplemental Document.
20.4.4 The parties acknowledge that each of the matters referred to in clauses 20.4.1 and 20.4.2 listed above is separate and independent and is not to be interpreted in the light of any other.
20.4.5 This clause 20.4 is without prejudice to section 18 of the Landlord and Tenant (Covenants) Xxx 0000.
Appears in 1 contract
Samples: Lease (Bowne & Co Inc)
No Discharge of Guarantor. 20.4.1 The Without prejudice to section 18 of the Landlord and Tenant (Covenants) Xxx 0000, the Guarantor’s 's liability under this clause 20 will remain in full force and effect and will not be avoided, released, discharged or reduced nor will the rights of the Landlord be prejudiced or affected by any of the following:
(a) 20.3.1 any time, indulgence or concession granted by the Landlord to the Tenant or to any other person who is liable;
(b) 20.3.2 the Landlord dealing with, varying or failing to perfect or enforce any of its rights or remedies against the Tenant or any other person who is liable;
(c) 20.3.3 the existence of, dealing with, varying or failing to perfect or enforce any other security which may be or become available to the Landlord;
(d) 20.3.4 any act or neglect of the Landlord by reason of which the benefit of any other security or any right or remedy against any person who is liable is released, lost or diminished;
(e) 20.3.5 any variation of, addition to or reduction from, the terms of this Lease whether or not the same is substantial or is prejudicial to the Guarantor or confers only a personal right or obligation;
20.3.6 any invalid or ineffective payment by the Tenant or any other person who is liable;
(f) 20.3.7 any right of set set-off (whether legal or equitable), counterclaim, recoupment counter-claim or deduction which may have accrued to the Guarantor, the Tenant or any other person who is liable;
(g) 20.3.8 any non-acceptance of the Rent or other sums due under this Lease, in circumstances in which the Landlord has reason to suspect a breach of the tenant’s 's obligations under this Lease;
(h) 20.3.9 any waiver by the Landlord of any right to forfeit this Lease;
(i) 20.3.10 a surrender of part of the Premises, except that the Guarantor will have no liability in relation to the surrendered part in respect of any period after the date of the surrender;
(j) 20.3.11 any death, incapacity, disability or change in the constitution, status or name of the Landlord, the Guarantor, the Tenant or any other person who is liable;
(k) 20.3.12 any amalgamation or merger by the Landlord, the Guarantor, the Tenant or any other person who is liable with any other person, any restructuring or the acquisition by another person of the whole or any part of its assets or undertaking of the Landlord, the Guarantor, the Tenant or any other person who is liable;
(l) 20.3.13 the Tenant or any other person who is liable entering into any voluntary arrangement or composition with any of its creditors (whether or not such arrangement or composition binds or is expressed to bind the Landlord);
(m) 20.3.14 the appointment of any liquidator, trustee in bankruptcy, administrator, receiver or receiver and manager or any other similar officer to, over or in relation to any of the assets or undertaking of the Tenant or any other person who is liable whether any such person is appointed in England and Wales or in any other jurisdiction and whether any such person is appointed in relation to any or all of the Tenant’s 's (or other such person’s's) assets or undertaking in England and Wales or in any other jurisdiction;
(n) 20.3.15 without prejudice to clause 20.320.2, the disclaimer of the liability under the Lease of the Tenant or any other person who is liable, or the forfeiture of the Lease;
(o) 20.3.16 any provisions of the Lease being or becoming wholly or in part void, voidable or unenforceable by the Landlord against the Tenant or any other person who is liable; or
(p) 20.3.17 any other act, omission or thing by virtue of which, but for this provision, the Guarantor would have avoided or been released or discharged from its obligations under this clause 20 in whole or in part, or the rights or remedies of the Landlord would have been prejudiced or affected, other than a release by deed, entered into by the Landlord in accordance with the terms of such deed.
20.4.2 The Guarantor’s liability under this clause 20 will remain in full force and effect and will not be avoided, released, discharged or reduced nor will the rights of the Landlord be prejudiced or affected by any variation of, addition to or reduction from, the terms of this Lease whether or not the same is substantial or is or may in any way or for any reason be or become prejudicial to the Guarantor or confers only a personal right or obligation.
20.4.3 Without prejudice to clause 20.4.2, as and when called upon to do so by either the Landlord or the Tenant, the Guarantor shall enter into any Supplemental Document (by deed if required) for the purpose of consenting to the Tenant entering into such Supplemental Document and confirming that, subject only to section 18 of the Landlord and Tenant (Covenants) Xxx 0000, all the obligations of the Guarantor will remain in full force and effect in respect of this Lease and will extend and apply to the Lease as varied by that Supplemental Document.
20.4.4 The parties acknowledge that each of the matters referred to in clauses 20.4.1 and 20.4.2 is separate and independent and is not to be interpreted in the light of any other.
20.4.5 This clause 20.4 is without prejudice to section 18 of the Landlord and Tenant (Covenants) Xxx 0000.,
Appears in 1 contract
Samples: Lease (Coty Inc.)
No Discharge of Guarantor. 20.4.1 54.4.1 The Guarantor’s liability under this clause 20 54 will remain in full force and effect and will not be avoided, released, discharged or reduced nor will the rights of the Landlord be prejudiced or affected by any of the following:
(a) any time, indulgence or concession granted by the Landlord to the Tenant or to any other person who is liable;
(b) the Landlord dealing with, varying or failing to perfect or enforce any of its rights or remedies against the Tenant or any other person who is liable;
(c) the existence of, dealing with, varying or failing to perfect or enforce any other security which may be or become available to the Landlord;
(d) any act or neglect of the Landlord by reason of which the benefit of any other security or any right or remedy against any person who is liable is released, lost or diminished;
(e) any invalid or ineffective payment by the Tenant or any other person who is liable;
(f) any right of set off (whether legal or equitable), counterclaim, recoupment or deduction which may have accrued to the Guarantor, the Tenant or any other person who is liable;
(g) any non-non acceptance of the Rent or other sums due under this Lease, in circumstances in which the Landlord has reason to suspect a breach of the tenant’s obligations under this Lease;
(h) any waiver by the Landlord of any right to forfeit this Lease;
(i) a surrender of part of the Premises, except that the Guarantor will have no liability in relation to the surrendered part in respect of any period after the date of the surrender;
(j) any death, incapacity, disability or change in the constitution, status or name of the Landlord, the Guarantor, the Tenant or any other person who is liable;
(k) any amalgamation or merger by the Landlord, the Guarantor, the Tenant or any other person who is liable with any other person, any restructuring or the acquisition by another person of the whole or any part of its assets or undertaking of the Landlord, the Guarantor, the Tenant or any other person who is liable;
(l) the Tenant or any other person who is liable entering into any voluntary arrangement or composition with any of its creditors (whether or not such arrangement or composition binds or is expressed to bind the Landlord);
(m) the appointment of any liquidator, trustee in bankruptcy, administrator, receiver or receiver and manager or any other similar officer to, over or in relation to any of the assets or undertaking of the Tenant or any other person who is liable whether any such person is appointed in England and Wales or in any other jurisdiction and whether any such person is appointed in relation to any or all of the Tenant’s (or other such person’s) assets or undertaking in England and Wales or in any other jurisdiction;
(n) without prejudice to clause 20.354.3, the disclaimer of the liability under the Lease of the Tenant or any other person who is liable, or the forfeiture of the Lease;
(o) any provisions of the Lease being or becoming wholly or in part void, voidable or unenforceable by the Landlord against the Tenant or any other person who is liable; or
(p) any other act, omission or thing by virtue of which, but for this provision, the Guarantor would have avoided or been released or discharged from its obligations under this clause 20 54 in whole or in part, or the rights or remedies of the Landlord would have been prejudiced or affected, other than a release by deed, entered into by the Landlord in accordance with the terms of such deed.
20.4.2 54.4.2 The Guarantor’s liability under this clause 20 54 will remain in full force and effect and will not be avoided, released, discharged or reduced nor will the rights of the Landlord be prejudiced or affected by any variation of, addition to or reduction from, the terms of this Lease whether or not the same is substantial or is or may in any way or for any reason be or become prejudicial to the Guarantor or confers only a personal right or obligation.
20.4.3 54.4.3 Without prejudice to clause 20.4.254.4.2, as and when called upon to do so by either the Landlord or the Tenant, the Guarantor shall enter into any Supplemental Document (by deed if required) for the purpose of consenting to the Tenant entering into such Supplemental Document and confirming that, subject only to section 18 of the Landlord and Tenant (Covenants) Xxx Acx 0000, all the obligations of the Guarantor will remain in full force and effect in respect of this Lease and will extend and apply to the Lease as varied by that Supplemental Document.
20.4.4 54.4.4 The parties acknowledge that each of the matters referred to in clauses 20.4.1 54.4.1 and 20.4.2 is separate and independent and is not to be interpreted in the light of any other54.
20.4.5 This clause 20.4 is without prejudice to section 18 of the Landlord and Tenant (Covenants) Xxx 0000.
Appears in 1 contract