No Impairment of Guaranty. The Obligations of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense or set-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 the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Agent or any Bank to assert any claim or demand or to enforce any remedy under this Agreement or any other agreement, by any waiver or modification of any provision thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or thing or omission or delay to do any other act or thing which may or might in any manner or to any extent vary the risk of the Guarantors or would otherwise operate as a discharge of the Guarantors as a matter of law, unless and until the Obligations are paid in full and the Commitments have been terminated.
Appears in 5 contracts
Samples: Annual Report, Credit Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc)
No Impairment of Guaranty. The Obligations obligations of the ------------------------- Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense or set-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwiseObligations. Without limiting the generality of the foregoing, the Obligations obligations of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent or any Bank a Lender to assert any claim or demand or to enforce any remedy under this Agreement or any other agreement, by any waiver or modification of any provision thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or thing or omission or delay to do any other act or thing which may or might in any manner or to any extent vary the risk of the Guarantors or would otherwise operate as a discharge of the Guarantors as a matter of law, unless and until the Obligations are paid in full and the Commitments have been terminatedfull.
Appears in 2 contracts
Samples: Revolving Credit and Guaranty Agreement (Bethlehem Steel Corp /De/), Revolving Credit and Guaranty Agreement (Bethlehem Steel Corp /De/)
No Impairment of Guaranty. The Obligations obligations of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense or set-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwiseObligations. Without limiting the generality of the foregoing, the Obligations obligations of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Agent or any a Bank to assert any claim or demand or to enforce any remedy under this Agreement or any other agreement, by any waiver or modification of any provision hereof or thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or thing or omission or delay to do any other act or thing which may or might in any manner or to any extent vary the risk of the Guarantors or would otherwise operate as a discharge of the Guarantors as a matter of law, unless and until the Obligations are paid in full and the Commitments have been terminatedfull.
Appears in 2 contracts
Samples: Revolving Credit and Guaranty Agreement (Kmart Corp), Revolving Credit and Guaranty Agreement (Kmart Corp)
No Impairment of Guaranty. The Obligations xxxxxxtions of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense or set-off, counterclaim, recoupment recoupment, or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwiseobligations. Without limiting the generality of the foregoing, the Obligations obligations of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent, the Issuing Bank, the Collateral Agent, either Co-Agent or any Bank a Lender to assert any claim or demand or to enforce any remedy under this Agreement or any other agreement, by any waiver or modification of any provision thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or thing or omission or delay to do any other act or thing which may or might in any manner or to any extent vary the risk of the Guarantors or would otherwise operate as a discharge of the Guarantors as a matter of law, unless and until the Obligations obligations are paid in full and the Commitments have been terminatedfull.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Bradlees Inc)
No Impairment of Guaranty. The Obligations obligations of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, reason including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense or set-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 obligations of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Agent or any Bank Lender to assert any claim or demand or to enforce any remedy under this Agreement or any other agreement, by any waiver or modification of any provision thereof, by any default, failure or modification of any provision thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or thing or omission or delay to do any other act or thing which may or might in any manner or to any extent vary the risk of the Guarantors or would otherwise operate as a discharge of the Guarantors as a matter of law, unless and until the Obligations are paid in full and the Commitments have been terminatedfull.
Appears in 1 contract
No Impairment of Guaranty. The Obligations obligations of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense or set-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwiseObligations. Without limiting the generality of the foregoing, the Obligations obligations of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Agent, the Co-Agent or any a Bank to assert any claim or demand or to enforce any remedy under this Agreement or any other agreement, by any waiver or modification of any provision thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or thing or omission or delay to do any other act or thing which may or might in any manner or to any extent vary the risk of the Guarantors or would otherwise operate as a discharge of the Guarantors as a matter of law, unless and until the Obligations are paid in full and the Commitments have been terminatedfull.
Appears in 1 contract
No Impairment of Guaranty. The Obligations obligations of the Guarantors US Loan Parties hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense or set-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwiseSecured Obligations. Without limiting the generality of the foregoing, the Obligations obligations of the Guarantors US Loan Parties hereunder shall not be discharged or impaired or otherwise affected by the failure of the Agent or any Bank a Lender to assert any claim or demand or to enforce any remedy under this Agreement or any other agreement, by any waiver or modification of any provision thereof, by any default, failure or delay, willful or otherwise, in the performance of the Secured Obligations, or by any other act or thing or omission or delay to do any other act or thing which may or might in any manner or to any extent vary the risk of the Guarantors US Loan Parties or would otherwise operate as a discharge of the Guarantors US Loan Parties as a matter of law, unless and until the Secured Obligations are paid in full and the Commitments have been terminatedfull.
Appears in 1 contract
Samples: First Lien Term Loan and Guaranty Agreement (Tower Automotive, LLC)
No Impairment of Guaranty. The Obligations obligations of the Guarantors -------------------------- hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense or set-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwiseObligations. Without limiting the generality of the foregoing, the Obligations obligations of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Agent or any Bank to assert any claim or demand or to enforce any remedy under this Agreement or any other agreement, by any waiver or modification of any provision thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or thing or omission or delay to do any other act or thing which may or might in any manner or to any extent vary the risk of the Guarantors or would otherwise operate as a discharge of the Guarantors as a matter of law, unless and until the Obligations are paid in full and the Commitments have been terminatedfull.
Appears in 1 contract
Samples: Letter of Credit and Guaranty Agreement (Agway Inc)
No Impairment of Guaranty. The Obligations obligations of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense or set-off, counterclaim, recoupment recoupment, or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwiseobligations. Without limiting the generality of the foregoing, the Obligations of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Agent Administrative Agent, the Managing Agent, the Issuing Bank, the Collateral Agent, or any Bank a Lender to assert any claim or demand or to enforce any remedy under this Agreement or any other agreement, by any waiver or modification of any provision thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or thing or omission or delay to do any other act or thing which may or might in any manner or to any extent vary the risk of the Guarantors or would otherwise operate as a discharge of the Guarantors as a matter of law, unless and until the Obligations obligations are paid in full and the Commitments have been terminatedfull.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Caldor Corp)
No Impairment of Guaranty. The Obligations obligations of the Guarantors Borrowers hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense or set-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwiseObligations. Without limiting the generality of the foregoing, the Obligations obligations of the Guarantors Borrowers hereunder shall not be discharged or impaired or otherwise affected by the failure of the Agent or any Bank Lender to assert 106 114 any claim or demand or to enforce any remedy under this Agreement or any other agreement, by any waiver or modification of any provision thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or thing or omission or delay to do any other act or thing which may or might in any manner or to any extent vary the risk of the Guarantors Borrowers or would otherwise operate as a discharge of the Guarantors Borrowers as a matter of law, unless and until the Obligations are paid in full and the Commitments have been terminatedin cash.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (American Architectural Products Corp)
No Impairment of Guaranty. The Obligations obligations of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense or set-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwiseObligations. Without limiting the generality of the foregoing, the Obligations obligations of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Agents, the Collateral Agent or any Bank a Lender to assert any claim or demand or to enforce any remedy under this Agreement or any other agreement, by any waiver or modification of any provision hereof or thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or thing or omission or delay to do any other act or thing which may or might in any manner or to any extent vary the risk of the Guarantors or would otherwise operate as a discharge of the Guarantors as a matter of law, unless and until the Obligations are paid in full and the Commitments have (other than contingent indemnification obligations as to which no claim giving rise thereto has been terminatedasserted).
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Guaranty Agreement (Ual Corp /De/)
No Impairment of Guaranty. The Obligations obligations of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense or set-off, counterclaim, recoupment recoupment, or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwiseobligations. Without limiting the generality of the foregoing, the Obligations obligations of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent, the Issuing Bank, the Collateral Agent, the Tranche B Agent, the Tranche C Agent, either Co-Agent or any Bank a Lender to assert any claim or demand or to enforce any remedy under this Agreement or any other agreement, by any waiver or modification of any provision thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or thing or omission or delay to do any other act or thing which may or might in any manner or to any extent vary the risk of the Guarantors or would otherwise operate as a discharge of the Guarantors as a matter of law, unless and until the Obligations obligations are paid in full and the Commitments have been terminatedfull.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Bradlees Inc)
No Impairment of Guaranty. The Obligations obligations of the ------------------------- Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense or set-off, counterclaim, recoupment recoupment, or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwiseobligations. Without limiting the generality of the foregoing, the Obligations obligations of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Administrative Agent, the Issuing Bank, the Collateral Agent, the Tranche B Agent, either Co-Agent or any Bank a Lender to assert any claim or demand or to enforce any remedy under this Agreement or any other agreement, by any waiver or modification of any provision thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or thing or omission or delay to do any other act or thing which may or might in any manner or to any extent vary the risk of the Guarantors or would otherwise operate as a discharge of the Guarantors as a matter of law, unless and until the Obligations obligations are paid in full and the Commitments have been terminatedfull.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (New Horizons of Yonkers Inc)
No Impairment of Guaranty. The Obligations of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense or set-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 the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of the Agent or any Bank to assert any claim or demand or to enforce any remedy under this Agreement or any other agreement, by any waiver or modification of any provision thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or thing or omission or delay to do any other act or thing which may or might in any manner or to any extent vary the risk of the Guarantors or would otherwise operate as a discharge of the Guarantors as a matter of law, unless and until the Obligations are paid in full and the Commitments have been terminatedfull.
Appears in 1 contract
No Impairment of Guaranty. The Obligations obligations of the Guarantors MBE Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense or set-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwiseObligations. Without limiting the generality of the foregoing, the Obligations obligations of the Guarantors MBE Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of the Agent or any Bank a DIP Lender to assert any claim or demand or to enforce any remedy under this Agreement Guaranty or any other agreement, by any waiver or modification of any provision thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or thing or omission or delay to do any other act or thing which that may or might in any manner or to any extent vary the risk of the Guarantors MBE Guarantor or would otherwise operate as a discharge of the Guarantors MBE Guarantor as a matter of law, unless and until the Obligations are paid in full and the Commitments have been terminatedfull.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Us Office Products Co)