No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 19 contracts
Samples: Term Loan Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit this Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 9 contracts
Samples: Credit Agreement (Gci, LLC), Credit Agreement (Gci Liberty, Inc.), Credit Agreement (Gci Liberty, Inc.)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 8 contracts
Samples: Credit Agreement (Fairchild Semiconductor International Inc), Guarantee Agreement (Crown Cork & Seal Co Inc), Credit Agreement (Shared Technologies Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Collateral Agent or any other Secured Party, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 7 contracts
Samples: Credit Agreement (Telecorp PCS Inc), Credit Agreement (Triton PCS Inc), Credit Agreement (SCG Holding Corp)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document, any Hedging Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 6 contracts
Samples: Revolving Credit Agreement (Healthstream Inc), Senior Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co), Revolving Credit Agreement (Newmarket Corp)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the ObligationsGuaranteed Obligations (other than contingent indemnification obligations)), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to (to the extent permitted by applicable law) any defense (other than payment in full in cash of the Guaranteed Obligations (other than contingent indemnification obligations)) or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the ObligationsGuaranteed Obligations (other than contingent indemnification obligations)).
Appears in 5 contracts
Samples: Credit Agreement (Solutia Inc), Guarantee Agreement (Solutia Inc), Guarantee Agreement (Solutia Inc)
No Discharge or Diminishment of Guarantee. The obligations of each the Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration alteration, or compromise of any of the ObligationsGuaranteed Obligations with respect to any other obligor, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 5 contracts
Samples: Guaranty Agreement (ONEOK Partners LP), Guaranty Agreement (Oneok Inc /New/), Guaranty Agreement (ONEOK Partners LP)
No Discharge or Diminishment of Guarantee. The obligations of each the Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 5 contracts
Samples: Credit Agreement (Intersil Holding Co), Parent Guarantee Agreement (Neenah Foundry Co), Parent Guarantee Agreement (Citadel Communications Corp)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 5 contracts
Samples: Credit Agreement (FRP Holdings, Inc.), Credit Agreement (Patriot Transportation Holding, Inc.), Credit Agreement (New Patriot Transportation Holding, Inc.)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 4 contracts
Samples: Credit Agreement (Crown Holdings Inc), u.s. Guarantee Agreement (Crown Holdings Inc), u.s. Guarantee Agreement (Crown Holdings Inc)
No Discharge or Diminishment of Guarantee. The obligations To the fullest extent permitted by applicable law and except as otherwise expressly provided in this Agreement, the Obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the ObligationsObligations (other than contingent indemnity obligations with respect to then unasserted claims)), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense (other than a defense of payment) or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall shall, to the fullest extent permitted by applicable law, not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit this Agreement, any other Loan Document Document, any guarantee or any other agreementagreement or instrument, by any amendment, waiver or modification of any provision of this Agreement or any thereofother Loan Document or other agreement or instrument, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act, omission or delay to do any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the ObligationsObligations (other than contingent indemnity obligations with respect to then unasserted claims)) or which would impair or eliminate any right of any Guarantor to subrogation.
Appears in 4 contracts
Samples: Credit Agreement (Bristow Group Inc), Superpriority Secured Debtor in Possession Credit Agreement (Bristow Group Inc), Credit Agreement (Bristow Group Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 4 contracts
Samples: Subsidiary Guarantee Agreement (Constar Inc), Subsidiary Guarantee Agreement (Constar International Inc), Credit Agreement (Tel Save Holdings Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender Guaranteed Party to assert any claim or demand or to enforce any remedy under the Credit Loan Facility Agreement, any other Loan Operative Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 4 contracts
Samples: Loan Facility Agreement (Aaron's Company, Inc.), Loan Facility Agreement (Aaron's Company, Inc.), Guaranty Agreement (Aaron Rents Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor El Paso hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Trust Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Trust Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Trust Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor El Paso hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Guaranteed Party to assert any claim or demand or to enforce any remedy under the Credit this Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Trust Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor El Paso or that would otherwise operate as a discharge of each Guarantor El Paso as a matter of law or equity (other than the indefeasible payment in full in cash of all the Trust Obligations).
Appears in 4 contracts
Samples: Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/)
No Discharge or Diminishment of Guarantee. The obligations of each the Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the ObligationsObligations and inchoate indemnification and reimbursement obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any other Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the ObligationsObligations and inchoate indemnification and reimbursement obligations).
Appears in 4 contracts
Samples: Term Loan Credit Agreement (Advance Auto Parts Inc), Credit Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense (other than a defense of payment) or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 4 contracts
Samples: Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor KPP hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor KPP hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit this Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor KPP or that would otherwise operate as a discharge of each Guarantor a guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Guaranteed Obligations).
Appears in 3 contracts
Samples: Bridge Loan Agreement (Kaneb Services LLC), Revolving Credit Agreement (Kaneb Pipe Line Partners L P), Bridge Loan Agreement (Kaneb Services LLC)
No Discharge or Diminishment of Guarantee. The obligations of each the Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible performance or payment in full in cash of the Obligations, as the case may be), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible performance or payment in full in cash of all the Obligations, as the case may be).
Appears in 3 contracts
Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), Guarantee Agreement (Jafra Cosmetics International Sa De Cv), Guarantee Agreement (Dirsamex Sa De Cv)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the final and indefeasible payment in full in cash of the Secured Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Secured Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Secured Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Secured Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the final and indefeasible payment in full in cash of all the Secured Obligations).
Appears in 3 contracts
Samples: Credit Agreement (Virtus Investment Partners, Inc.), Guarantee Agreement (Virtus Investment Partners, Inc.), Guarantee Agreement (Virtus Investment Partners, Inc.)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent, the Collateral Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 3 contracts
Samples: Guarantee and Subordination Agreement (Winstar Communications Inc), Credit Agreement (Winstar Communications Inc), Guarantee and Subordination Agreement (Winstar Communications Inc)
No Discharge or Diminishment of Guarantee. The obligations of each the Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Guaranteed Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 3 contracts
Samples: Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/)
No Discharge or Diminishment of Guarantee. The obligations of each Subsidiary Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative any Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Subsidiary Guarantor or that would otherwise operate as a discharge of each any Subsidiary Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 3 contracts
Samples: Credit Agreement (Hechinger Co), Credit Agreement (Hechinger Co), Credit Agreement (Hechinger Co)
No Discharge or Diminishment of Guarantee. The obligations of each the Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible performance or payment in full in cash of the Obligations, as the case may be), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible performance or payment in full in cash of all the Obligations, as the case may be).
Appears in 3 contracts
Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), Parent Guarantee Agreement (Dirsamex Sa De Cv), Parent Guarantee Agreement (Jafra Cosmetics International Sa De Cv)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations Guaranteed Obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender Credit Party to assert any claim or demand or to enforce any remedy under the Credit this Facility Guaranty, this Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of any of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Guaranteed Obligations).
Appears in 3 contracts
Samples: Senior Secured, Super Priority Debtor in Possession Credit Agreement (B. Riley Financial, Inc.), Senior Secured, Super Priority Debtor in Possession Credit Agreement (Wet Seal Inc), Senior Secured, Super Priority Debtor in Possession Credit Agreement (Wet Seal Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Loan Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 3 contracts
Samples: Bridge Loan Agreement (Kaneb Services LLC), Subsidiary Guarantee Agreement (Kaneb Services LLC), Subsidiary Guarantee Agreement (Kaneb Pipe Line Partners L P)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the ObligationsGuaranteed Obligations and as provided in Section 12 hereof with respect to the release of a Guarantor upon the occurrence of certain permitted transactions), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwiseotherwise (other than the payment in full in cash of the Guaranteed Obligations). Without limiting the generality of the foregoing, the obligations Guaranteed Obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under this Guarantee Agreement, the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Guaranteed Obligations).
Appears in 3 contracts
Samples: Guarantee Agreement, Guarantee Agreement (Versum Materials, Inc.), Credit Agreement (W R Grace & Co)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible performance or payment in full in cash of the Obligations, as the case may be), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible performance or payment in full in cash of all the Obligations, as the case may be).
Appears in 3 contracts
Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), Subsidiary Guarantee Agreement (Jafra Cosmetics International Sa De Cv), Mexican Subsidiary Guarantee Agreement (Dirsamex Sa De Cv)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative any Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 3 contracts
Samples: Credit Agreement (Hechinger Co), Credit Agreement (Hechinger Co), Credit Agreement (Hechinger Co)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Rayonier Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Rayonier Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Rayonier Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender Guaranteed Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document Bond Documents or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Rayonier Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Rayonier Obligations).
Appears in 3 contracts
Samples: Guarantee (Rayonier Inc), Guarantee (Rayonier Inc), Guarantee (Rayonier Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Subsidiary Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense (other than a defense of payment) or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document Document, any guarantee or any other agreementagreement or instrument, by any amendment, waiver or modification of any provision of the Credit Agreement or any thereofother Loan Document or other agreement or instrument, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act, omission or delay to do any other act or omission that may or might in any manner or to the any extent vary the risk of any such Subsidiary Guarantor or that would otherwise operate as a discharge of each such Subsidiary Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations)) or which would impair or eliminate any right of such Subsidiary Guarantor to subrogation.
Appears in 3 contracts
Samples: Subsidiary Guarantee Agreement (Applied Power Inc), Subsidiary Guarantee Agreement (Actuant Corp), Subsidiary Guarantee Agreement (Playboy Enterprises Inc)
No Discharge or Diminishment of Guarantee. The obligations of each the Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible performance or payment in full in cash of the Obligations, as the case may be), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoffset off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible performance or payment in full in cash of all the Obligations, as the case may be).
Appears in 3 contracts
Samples: Credit Agreement (Jafra Cosmetics International Sa De Cv), Guarantee Agreement (Jafra Cosmetics International Sa De Cv), Guarantee Agreement (Dirsamex Sa De Cv)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Revolving Credit Agreement (Heico Corp), Revolving Credit Agreement (Priority Healthcare Corp)
No Discharge or Diminishment of Guarantee. The Subject to Section 510 of this Thirteenth Supplemental Indenture, the obligations of each Guarantor of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Trustee or any Lender Holder of the Securities to assert any claim or demand or to enforce any remedy under the Credit AgreementIndenture or the Securities, any other Loan Document guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Supplemental Indenture (Kroger Co), Supplemental Indenture (Kroger Co)
No Discharge or Diminishment of Guarantee. The obligations of ------------------------------------------ each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Guarantee Agreement (Advance Stores Co Inc), Guarantee Agreement (Laralev Inc)
No Discharge or Diminishment of Guarantee. The obligations of each the Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative any Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Parent Guarantee Agreement (Donjoy LLC), Parent Guarantee Agreement (Lpa Services Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than to the extent of indefeasible payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Subsidiary Guaranty Agreement (Easylink Services International Corp), Subsidiary Guaranty Agreement (Easylink Services International Corp)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any other Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations)) or which would impair or eliminate any right of such Guarantor to subrogation.
Appears in 2 contracts
Samples: Guarantee Agreement (Convergys Corp), Guarantee Agreement (Convergys Corp)
No Discharge or Diminishment of Guarantee. The Subject to Section 510 of this Fifteenth Supplemental Indenture, the obligations of each Guarantor of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Trustee or any Lender Holder of the Securities to assert any claim or demand or to enforce any remedy under the Credit AgreementIndenture or the Securities, any other Loan Document guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Supplemental Indenture (Kroger Co), Supplemental Indenture (Kroger Co)
No Discharge or Diminishment of Guarantee. The For purposes of the Notes, Section 1605 of the Indenture is replaced in its entirety by the following: “Subject to Section 3.5 of this First Supplemental Indenture, the obligations of each Guarantor of the Guarantors hereunder shall not be subject to any reduction, limitation, termination, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Trustee or any Lender Holder of the Notes to assert any claim or demand or to enforce any remedy under this First Supplemental Indenture, the Credit AgreementIndenture or the Notes, any other Loan Document guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission or delay to do any other act that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).”
Appears in 2 contracts
Samples: Supplemental Indenture (J.B. Hunt Transport, Inc.), Supplemental Indenture (J.B. Hunt Transport, Inc.)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense (other than a defense of payment) or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Credit Document or any other agreementagreement or instrument, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act, omission or delay to do any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations)) or that would impair or eliminate any right of such Guarantor to subrogation.
Appears in 2 contracts
Samples: Five Year Credit Agreement (American Standard Companies Inc), 364 Day Credit Agreement (American Standard Companies Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender Xxxxxxxx to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document IRU Agreement or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Iru Agreement (Winstar Communications Inc), Iru Agreement (Winstar Communications Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Rayonier Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Rayonier Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Rayonier Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender Guaranteed Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document Bond Documents or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Rayonier Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Rayonier Obligations).
Appears in 2 contracts
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Revolving Credit Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Revolving Credit Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Revolving Credit Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Revolving Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Revolving Credit Obligations, or the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Collateral Agent or any other Secured Party, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Revolving Credit Obligations).
Appears in 2 contracts
Samples: Guarantee Agreement (Memc Electronic Materials Inc), Revolving Credit Agreement (Memc Electronic Materials Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Related Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that or delay to do any other act or thing which may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Subsidiary Guarantee Agreement (Luminent Mortgage Capital Inc), Subsidiary Guarantee Agreement (Luminent Mortgage Capital Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender Bank to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Credit Agreement (Valspar Corp), Credit Agreement (Valspar Corp)
No Discharge or Diminishment of Guarantee. The obligations of each the Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense (other than a defense of payment) or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document Document, any guarantee or any other agreementagreement or instrument, by any amendment, waiver or modification of any provision of the Credit Agreement or any thereofother Loan Document or other agreement or instrument, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act, omission or delay to do any other act or omission that may or might in any manner or to the any extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations)) or which would impair or eliminate any right of the Guarantor to subrogation.
Appears in 2 contracts
Samples: Credit Agreement (Sola International Inc), Credit Agreement (Sola International Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor El Paso hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Trust Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Trust Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Trust Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor El Paso hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Guaranteed Party to assert any claim or demand or to enforce any remedy under the Credit this Agreement, any other Loan Transaction Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Trust Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor El Paso or that would otherwise operate as a discharge of each Guarantor El Paso as a matter of law or equity (other than the indefeasible payment in full in cash of all the Trust Obligations).
Appears in 2 contracts
Samples: Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (El Paso Electric Co /Tx/)
No Discharge or Diminishment of Guarantee. The Subject to Section 510 of this Fourteenth Supplemental Indenture, the obligations of each Guarantor of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Trustee or any Lender Holder of the Securities to assert any claim or demand or to enforce any remedy under the Credit AgreementIndenture or the Securities, any other Loan Document guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Supplemental Indenture (Kroger Co), Supplemental Indenture (Kroger Co)
No Discharge or Diminishment of Guarantee. The Subject to Section 1611 of this Indenture, the obligations of each Guarantor of the Guarantors hereunder shall not be subject to any reduction, limitation, termination, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Trustee or any Lender Holder of the Securities to assert any claim or demand or to enforce any remedy under this Indenture or the Credit AgreementSecurities, any other Loan Document guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission or delay to do any other act that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Indenture (Hunt J B Transport Services Inc), Indenture (J.B. Hunt Transport, Inc.)
No Discharge or Diminishment of Guarantee. The Except as provided in Section 4 above, the obligations of each the Guarantor hereunder under this Guarantee shall not be subject to any reduction, limitation, impairment or termination for any reason (other than if the indefeasible payment Guaranteed Obligations have been indefeasibly performed in full in cash of the Obligationsfull), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability any discharge of Century from any of the Guaranteed Obligations in bankruptcy proceedings OHSUSA:753602459.7 4 or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder under this Guarantee shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Kenergy or any Lender Big Rivers to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Transaction Document or any other agreementagreement or otherwise, by any waiver or modification of any provision of any thereofsuch agreement, by any default, failure waiver or delay, willful or otherwise, in the performance of the Obligations, or by any other act or agreement or thing or omission or delay to do any other act or thing that may or might in any manner or to the any extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations)equity.
Appears in 2 contracts
No Discharge or Diminishment of Guarantee. The Subject to Section 11 hereof, the obligations of each the Additional Guarantor hereunder shall not be subject to any reduction, limitation, termination, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Additional Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Trustee or any Lender Holder of the Securities to assert any claim or demand or to enforce any remedy under the Credit AgreementIndenture or the Securities, any other Loan Document guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission or delay to do any other act that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Supplemental Indenture (Express Scripts Holding Co.), Fourth Supplemental Indenture (Express Scripts Holding Co.)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other instrument or agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Valspar Corp), Credit Agreement (Valspar Corp)
No Discharge or Diminishment of Guarantee. The obligations of each the Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Amended Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Guaranteed Obligations).
Appears in 2 contracts
Samples: Assignment, Assumption and Amendment Agreement (Kansas City Southern Industries Inc), 364 Day Competitive Advance and Revolving Credit Facility Agreement (Kansas City Southern Industries Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Agents or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash or Cash Equivalents of all the Guaranteed Obligations).
Appears in 2 contracts
Samples: Guarantee Agreement (Polymer Group Inc), Guarantee Agreement (Polymer Group Inc)
No Discharge or Diminishment of Guarantee. The obligations of each ----------------------------------------- the Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of all the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any right or remedy under the Credit Agreementany Support Document, any other Loan Document Secured Instrument or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Collateral Agent or any other Secured Party, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Credit Agreement (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor Holdings hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor Holdings hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Term Loan Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Administrative Agent or any other Secured Party, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor Holdings or that would otherwise operate as a discharge of each Guarantor Holdings as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Collateral Agreement (H&f Investors Iv LLC), Collateral Agreement (Silver Lake Investors Lp)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Subsidiary Guaranty Agreement (International Speedway Corp), Subsidiary Guaranty Agreement (International Speedway Corp)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any other Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations)) or which would impair or eliminate any right of such Guarantor to subrogation.
Appears in 2 contracts
Samples: Credit Agreement (Convergys Corp), Credit Agreement (Convergys Corp)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document Document, any Guarantee or any other agreementagreement or instrument, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act, omission or delay to do any other act or omission that may or might in any manner or to the any extent vary the risk of any Subsidiary Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations)) or which would impair or eliminate any right of such Guarantor to subrogation.
Appears in 2 contracts
Samples: Credit Agreement (Alamosa Properties Lp), Credit Agreement (Alamosa Holdings Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration alteration, or compromise of any of the ObligationsGuaranteed Obligations with respect to any other obligor, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor the Guarantors or that would otherwise operate as a discharge of each Guarantor the Guarantors as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Guaranty Agreement (ONEOK Partners LP), Guaranty Agreement (Oneok Inc /New/)
No Discharge or Diminishment of Guarantee. The Except as provided in Section 6(b) hereof, the obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any other Lender to assert any claim or demand or to enforce any remedy under the Credit Loan Agreement, any other Loan Document Document, any other guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Subsidiary Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 2 contracts
Samples: Senior Subordinated Loan Agreement (Schein Pharmaceutical Inc), Senior Subordinated Loan Agreement (Danbury Pharmacal Puerto Rico Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Guaranty Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Guaranteed Obligations).
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (PRGX Global, Inc.), Subsidiary Guaranty Agreement (PRGX Global, Inc.)
No Discharge or Diminishment of Guarantee. The obligations of each Subsidiary Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Senior Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Senior Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Senior Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative either Senior Collateral Agent or any Lender other Senior Secured Party to assert any claim or demand or to enforce any remedy under the Senior Credit Agreement, any other Senior Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of any of the Senior Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Subsidiary Guarantor or that would otherwise operate as a discharge of each Subsidiary Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Senior Obligations).
Appears in 2 contracts
Samples: Senior Subsidiary Guarantee Agreement (Rite Aid Corp), Senior Subsidiary Guarantee Agreement (Rite Aid Corp)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Credit Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The Subject to Section 510 of this Eighteenth Supplemental Indenture, the obligations of each Guarantor of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Trustee or any Lender Holder of the Securities to assert any claim or demand or to enforce any remedy under the Credit AgreementIndenture or the Securities, any other Loan Document guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations of each Subsidiary Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent, the Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Subsidiary Guarantor or that would otherwise operate as a discharge of each any Subsidiary Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
Samples: Guarantee Agreement (Pliant Corp)
No Discharge or Diminishment of Guarantee. The obligations of each Subsidiary Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document Operative Agreement or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Subsidiary Guarantor or that would otherwise operate as a discharge of each any Subsidiary Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the ObligationsObligations and the termination of the Commitments).
Appears in 1 contract
Samples: Subsidiary Guarantee Agreement (Skyline Multimedia Entertainment Inc)
No Discharge or Diminishment of Guarantee. The For purposes of the Notes, Section 1605 of the Indenture is replaced in its entirety by the following: “Subject to Section 3.5 of this Fourth Supplemental Indenture, the obligations of each Guarantor of the Guarantors hereunder shall not be subject to any reduction, limitation, termination, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Trustee or any Lender Holder of the Notes to assert any claim or demand or to enforce any remedy under this Fourth Supplemental Indenture, the Credit AgreementIndenture or the Notes, any other Loan Document guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission or delay to do any other act that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).”
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations Obligations of each the Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations Obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Initial Purchaser or any Lender other Purchaser or holder of Notes to assert any claim or demand or to enforce any remedy under the Credit Note Purchase Agreement, any other Loan Note Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Secured Creditor to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Guaranteed Obligations).
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations of each the Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the U.K. Administrative Agent, Canadian Administrative Agent or any Lender other Euro Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations of each Subsidiary Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations)reason, including any claim of waiver, release, surrender, alteration or compromise of any of the Obligationscompromise, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreementany Loan Document, any other Loan Document guarantee or any other agreementagreement or instrument, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act, omission or delay to do any other act or omission that may or might in any manner or to the any extent vary the risk of any such Subsidiary Guarantor or that would otherwise operate as a discharge of each such Subsidiary Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations)) or which would impair or eliminate any right of such Subsidiary Guarantor to subrogation.
Appears in 1 contract
Samples: Subsidiary Guarantee Agreement (Telemundo Holding Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Credit Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
Samples: Subsidiary Guarantee Agreement (Century Maintenance Supply Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
Samples: Guarantee Agreement (Huntsman Packaging of Canada LLC)
No Discharge or Diminishment of Guarantee. The obligations of each Subsidiary Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Senior Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Senior Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Senior Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Senior Collateral Agent or any Lender other Senior Secured Party to assert any claim or demand or to enforce any remedy under the Senior Credit Agreement, any other Loan Senior Debt Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of any of the Senior Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Subsidiary Guarantor or that would otherwise operate as a discharge of each any Subsidiary Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Senior Obligations).
Appears in 1 contract
Samples: Senior Subsidiary Guarantee Agreement (Rite Aid Corp)
No Discharge or Diminishment of Guarantee. The For purposes of the Notes, Section 1605 of the Indenture is replaced in its entirety by the following: “Subject to Section 3.5 of this Third Supplemental Indenture, the obligations of each Guarantor of the Guarantors hereunder shall not be subject to any reduction, limitation, termination, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Trustee or any Lender Holder of the Notes to assert any claim or demand or to enforce any remedy under this Third Supplemental Indenture, the Credit AgreementIndenture or the Notes, any other Loan Document guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission or delay to do any other act that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).”
Appears in 1 contract
Samples: Third Supplemental Indenture (Hunt J B Transport Services Inc)
No Discharge or Diminishment of Guarantee. The obligations ----------------------------------------- of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations obligations or otherwise. Without limiting the generality of the foregoingfore-going, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligationsobligations.).
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense (other than a defense of payment) or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Lending Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document Document, any guarantee or any other agreementagreement or instrument, by any amendment, waiver or modification of any provision of the Credit Agreement or any thereofother Loan Document or other agreement or instrument, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act, omission or delay to do any other act or omission that may or might in any manner or to the any extent vary the risk of any such Guarantor or that would otherwise operate as a discharge of each such Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations)) or which would impair or eliminate any right of such Guarantor to subrogation.
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any 3 3 extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The To the fullest extent permitted by law, the obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not not, to the fullest extent permitted by law, be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document Document, any Guarantee or any other agreementagreement or instrument, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act, omission or delay to do any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations)) or which would impair or eliminate any right of such Guarantor to subrogation.
Appears in 1 contract
Samples: Credit Agreement (LTV Corp)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Investor Revolver Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Investor Revolver Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Investor Revolver Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Revolving Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Investor Revolver Obligations, or the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Collateral Agent or any other Secured Party, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Investor Revolver Obligations).
Appears in 1 contract
Samples: Guarantee Agreement (Memc Electronic Materials Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the ObligationsObligations and inchoate indemnification and reimbursement obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Agent, any other Lender or any Lender Issuing Bank to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any such Guarantor or that would otherwise operate as a discharge of each such Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the ObligationsObligations and inchoate indemnification and reimbursement obligations).
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations of each the Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Canadian Collateral Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender Secured Party to assert any claim or demand or to enforce any remedy under the Amended and Restated Credit Agreement, any other Loan Document, any Hedging Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations (other than indemnities and other similar contingent obligations surviving the termination of this Agreement for which no claim has been made and which are unknown and not calculable at the time of termination and those Obligations relating to the Hedging Obligations)).
Appears in 1 contract
Samples: Subsidiary Guaranty Agreement (United Industrial Corp /De/)
No Discharge or Diminishment of Guarantee. The For purposes of the Notes, Section 1605 of the Indenture is replaced in its entirety by the following: “Subject to Section 3.5 of this Second Supplemental Indenture, the obligations of each Guarantor of the Guarantors hereunder shall not be subject to any reduction, limitation, termination, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Trustee or any Lender Holder of the Notes to assert any claim or demand or to enforce any remedy under this Second Supplemental Indenture, the Credit AgreementIndenture or the Notes, any other Loan Document guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission or delay to do any other act that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).”
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations of each the Guarantor hereunder shall be absolute and unconditional and shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations)reason, including including, without limitation, any claim of waiver, release, surrender, alteration or compromise of any of the Obligationscompromise, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by by:
(a) the failure of the Administrative Agent or any Lender Beneficiary to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document guarantee or any other agreement;
(b) any lack of validity or enforceability of either or both Borrowers' obligations under the Credit Agreement;
(c) any change in time, by any waiver manner or modification place of any provision of any thereofpayment of, by any default, failure or delay, willful or otherwise, in the performance principal amount, interest rate or any other term of, any of the Obligations, or by any other act amendment or omission that may waiver of, or might in any manner consent to or to departure from any of the extent vary terms of, the risk of any Guarantor Obligations or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).Credit Agreement;
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations ----------------------------------------- of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Guaranteed Obligations).
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible performance or payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Collateral Agent or any Lender Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document, the Letter of Credit Facility, any other LCF Document, any Hedging Document or any other agreementguarantee, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations and termination of all commitments to lend in respect of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Credit Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations and termination of all commitments to lend in respect of the Obligations).
Appears in 1 contract
Samples: Guarantee Agreement (Monitronics International Inc)
No Discharge or Diminishment of Guarantee. The Subject to Section 610 of this First Supplemental Indenture, the obligations of each Guarantor of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Trustee or any Lender Holder of the Securities to assert any claim or demand or to enforce any remedy under the Credit AgreementIndenture or the Securities, any other Loan Document guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Guaranteed Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Agent, any Issuer, any Trustee or any Lender to assert any claim or demand or to enforce any remedy under the Credit Loan Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Guaranteed Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Guaranteed Obligations).
Appears in 1 contract
Samples: Guaranty and Credit Agreement (Macquarie Infrastructure CO LLC)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the final and indefeasible payment in full in cash of the Credit Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Credit Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Credit Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender other Credit Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Credit Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the final and indefeasible payment in full in cash of all the Credit Obligations).
Appears in 1 contract
Samples: Guarantee Agreement (Virtus Investment Partners, Inc.)
No Discharge or Diminishment of Guarantee. The obligations of each the Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each the Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the extent vary the risk of any the Guarantor or that would otherwise operate as a discharge of each the Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
Samples: Guarantee Agreement (Hunt J B Transport Services Inc)
No Discharge or Diminishment of Guarantee. The Subject to Section 11 hereof, the obligations of each Guarantor of the Additional Guarantors hereunder shall not be subject to any reduction, limitation, termination, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor of the Additional Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent Trustee or any Lender Holder of the Securities to assert any claim or demand or to enforce any remedy under the Credit AgreementIndenture or the Securities, any other Loan Document guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission or delay to do any other act that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
Samples: Supplemental Indenture (Express Scripts Holding Co.)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the extent vary the risk of Guarantor or any Guarantor other guarantor or that would otherwise operate as a discharge of each Guarantor or any other guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations of each Facility Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Facility Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative any Agent or any Lender other Secured Party to assert any claim or demand or to enforce any remedy under this Guarantee, the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Facility Guarantor or that would otherwise operate as a discharge of each any Facility Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
Samples: Guarantee (Dri I Inc)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the U.K. Administrative Agent or any Lender other Euro Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The ------------------------------------------ obligations of each Subsidiary Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative any Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other instrument or agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful wilful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Subsidiary Guarantor or that would otherwise operate as a discharge of each Subsidiary Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other instrument or agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to the any extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
Samples: Credit Agreement (Valspar Corp)
No Discharge or Diminishment of Guarantee. The obligations of each Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaimcounterclaim (other than a defense of indefeasible payment in full in cash or performance), recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Lender to assert any claim or demand or to enforce any remedy under the Credit Agreement, any other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or or, to the maximum extent permitted by applicable law, by any other act or omission that may or might in any manner or to the extent vary the risk of any Guarantor or that would otherwise operate as a discharge of each Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
