Common use of No Discharge or Diminishment of Guarantee Clause in Contracts

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 Second Priority Debt 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 Second Priority Debt 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 Second Priority Collateral Trustee or any other Second Priority Debt Party to assert any claim or demand or to enforce any remedy under any Second Priority Debt Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, wilful or otherwise, in the performance of any of the Second Priority Debt Obligations, or by any other act or omission that may or might in any manner or to 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 Second Priority Debt Obligations).

No Discharge or Diminishment of Guarantee. The obligations of each Subsidiary Pledgor and 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 Second Priority Debt Indenture Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Senior Indenture 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 Second Priority Debt Indenture Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Subsidiary Pledgor and Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Second Priority Collateral Agent, the Trustee or any other Second Priority Debt Secured Party to assert any claim or demand or to enforce any remedy under the Indenture, any Second Priority Debt other Transaction Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, wilful willful or otherwise, in the performance of the Indenture Obligations, or the failure to perfect any security interest in, or the release of, any of the Second Priority Debt Obligationssecurity held by or on behalf of the Trustee, the Collateral Agent or any other Secured Party, or by any other act or omission that may or might in any manner or to any extent vary the risk of any Subsidiary Pledgor and Guarantor or that would otherwise operate as a discharge of each Subsidiary Pledgor and Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Second Priority Debt Indenture Obligations).

No Discharge or Diminishment of Guarantee. The Subject to Section 610 of this First Supplemental Indenture, the obligations of each Subsidiary 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 Second Priority Debt 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 Second Priority Debt Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Second Priority Collateral Trustee or any other Second Priority Debt Party Holder of the Securities to assert any claim or demand or to enforce any remedy under the Indenture or the Securities, any Second Priority Debt Document other guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, wilful willful or otherwise, in the performance of any of the Second Priority Debt Obligations, or by any other act or omission that may or might in any manner or to any extent vary the risk of any Subsidiary Guarantor or that would otherwise operate as a discharge of each Subsidiary any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Second Priority Debt Obligations).

No Discharge or Diminishment of Guarantee. The Subject to Section 510 of this Twenty-Second Supplemental Indenture, the obligations of each Subsidiary 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 Second Priority Debt 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 Second Priority Debt Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Second Priority Collateral Trustee or any other Second Priority Debt Party Holder of the Securities to assert any claim or demand or to enforce any remedy under the Indenture or the Securities, any Second Priority Debt Document other guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, wilful willful or otherwise, in the performance of any of the Second Priority Debt Obligations, or by any other act or omission that may or might in any manner or to any extent vary the risk of any Subsidiary Guarantor or that would otherwise operate as a discharge of each Subsidiary any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Second Priority Debt Obligations).

No Discharge or Diminishment of Guarantee. The Subject to Section 510 of this Twenty-Third Supplemental Indenture, the obligations of each Subsidiary 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 Second Priority Debt 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 Second Priority Debt Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Second Priority Collateral Trustee or any other Second Priority Debt Party Holder of the Securities to assert any claim or demand or to enforce any remedy under the Indenture or the Securities, any Second Priority Debt Document other guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, wilful willful or otherwise, in the performance of any of the Second Priority Debt Obligations, or by any other act or omission that may or might in any manner or to any extent vary the risk of any Subsidiary Guarantor or that would otherwise operate as a discharge of each Subsidiary any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Second Priority Debt Obligations).

No Discharge or Diminishment of Guarantee. The obligations Guaranteed Obligations of each Subsidiary Guarantor the Borrower 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 Second Priority Debt Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Senior 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 Second Priority Debt Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations Guaranteed Obligations of each Subsidiary Guarantor the Borrower hereunder shall not be discharged or impaired or otherwise affected by the failure of the Second Priority Collateral Trustee Administrative Agent or any other Second Priority Debt Party Lender to assert any claim or demand or to enforce any remedy under any Second Priority Debt Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, wilful willful or otherwise, in the performance of any of the Second Priority Debt Guaranteed Obligations, or by any other act or omission that may or might in any manner or to any the extent vary the risk of any Subsidiary Guarantor the Borrower or that would otherwise operate as a discharge of each Subsidiary Guarantor the Borrower as a matter of law or equity (other than the indefeasible payment in full in cash of all the Second Priority Debt Guaranteed Obligations).

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 performance or payment in full, or collateralization in full in cash a manner reasonably satisfactory to the Collateral Agent, of all the Second Priority Debt 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 Second Priority Debt 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 Second Priority Collateral Trustee Agent or any other Second Priority Debt Secured Party to assert any claim or demand or to enforce any remedy under the Credit Agreement, any Second Priority Debt other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, wilful willful or otherwise, in the performance of the Obligations, or the failure to perfect any security interest in, or the release of the Second Priority Debt Obligationssecurity 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 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 performance or payment in full or collateralization in cash full in a manner reasonably satisfactory to the Collateral Agent of all the Second Priority Debt Obligations).

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 Second Priority Debt 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 Second Priority Debt 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 Second Priority Collateral Trustee or any other Second Priority Debt Party to assert any claim or demand or to enforce any remedy under the Second Priority Debt Documents, any other Second Priority Debt Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, wilful or otherwise, in the performance of any of the Second Priority Debt Obligations, or by any other act or omission that may or might in any manner or to 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 Second Priority Debt Obligations).

No Discharge or Diminishment of Guarantee. The Subject to Section 510 of this Eleventh Supplemental Indenture, the obligations of each Subsidiary 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 Second Priority Debt 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 Second Priority Debt Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Second Priority Collateral Trustee or any other Second Priority Debt Party Holder of the Securities to assert any claim or demand or to enforce any remedy under the Indenture or the Securities, any Second Priority Debt Document other guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, wilful willful or otherwise, in the performance of any of the Second Priority Debt Obligations, or by any other act or omission that may or might in any manner or to any extent vary the risk of any Subsidiary Guarantor or that would otherwise operate as a discharge of each Subsidiary any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Second Priority Debt Obligations).

No Discharge or Diminishment of Guarantee. The Subject to Section 510 of this Fourth Supplemental Indenture, the obligations of each Subsidiary 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 Second Priority Debt 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 Second Priority Debt Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Second Priority Collateral Trustee or any other Second Priority Debt Party Holder of the Securities to assert any claim or demand or to enforce any remedy under the Indenture or the Securities, any Second Priority Debt Document other guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, wilful willful or otherwise, in the performance of any of the Second Priority Debt Obligations, or by any other act or omission that may or might in any manner or to any extent vary the risk of any Subsidiary Guarantor or that would otherwise operate as a discharge of each Subsidiary any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Second Priority Debt Obligations).

No Discharge or Diminishment of Guarantee. The Subject to Section 510 of this Fifth Supplemental Indenture, the obligations of each Subsidiary 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 Second Priority Debt 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 Second Priority Debt Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of each Subsidiary Guarantor of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Second Priority Collateral Trustee or any other Second Priority Debt Party Holder of the Securities to assert any claim or demand or to enforce any remedy under the Indenture or the Securities, any Second Priority Debt Document other guarantee or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, wilful willful or otherwise, in the performance of any of the Second Priority Debt Obligations, or by any other act or omission that may or might in any manner or to any extent vary the risk of any Subsidiary Guarantor or that would otherwise operate as a discharge of each Subsidiary any Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Second Priority Debt Obligations).

No Discharge or Diminishment of Guarantee. The obligations ----------------------------------------- Guaranteed Obligations of each Subsidiary Guarantor the Borrower 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 Second Priority Debt Guaranteed Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Senior 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 Second Priority Debt Guaranteed Obligations or otherwise. Without limiting the generality of the foregoing, the obligations Guaranteed Obligations of each Subsidiary Guarantor the Borrower hereunder shall not be discharged or impaired or otherwise affected by the failure of the Second Priority Collateral Trustee Administrative Agent or any other Second Priority Debt Party Lender to assert any claim or demand or to enforce any remedy under any Second Priority Debt Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, wilful willful or otherwise, in the performance of any of the Second Priority Debt Guaranteed Obligations, or by any other act or omission that may or might in any manner or to any the extent vary the risk of any Subsidiary Guarantor the Borrower or that would otherwise operate as a discharge of each Subsidiary Guarantor the Borrower as a matter of law or equity (other than the indefeasible payment in full in cash of all the Second Priority Debt Guaranteed Obligations).