No Impairment of Guaranty. The obligations of each of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, other than repayment in full of the Obligations to which such Guaranty relates, 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 any of the Obligations that are included in such Guarantor's Guaranteed Obligations or any other Obligations. Without limiting the generality of the foregoing, the obligations of each of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of any Agent, any Fronting Bank or any DIP Lender to assert any claim or demand or to enforce any remedy under any Loan Document or any other agreement or instrument, by any waiver or modification of any provision thereof, by any default, failure or delay, willful or otherwise, in the performance of any of the Obligations, or by any other act or thing or omission or delay to do any other act or thing that may or might in any manner or to any extent vary the risk of any of the Guarantors or would otherwise operate as a discharge of any of the Guarantors as a matter of law, unless and until the Obligations that are included in such Guarantor's Guaranteed Obligations are paid in full (in which case they will be terminated) or in part (in which case they will be reduced by the amount of such payment).
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Frontiervision Holdings Capital Corp), Credit and Guaranty Agreement (Olympus Communications Lp)
No Impairment of Guaranty. The obligations of each the Guarantor, as guarantors of the Guarantors hereunder Guaranteed Obligations hereunder, shall not be subject to any reduction, limitation, impairment or termination for any reason, other than repayment in full of the Obligations to which such Guaranty relates, 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 any of the Obligations that are included in such Guarantor's Guaranteed Obligations or any other Obligations. Without limiting the generality of the foregoing, the obligations of each of the Guarantors or the Borrower hereunder shall not be discharged or impaired or otherwise affected by the failure of any Agent, any Fronting Bank the Administrative Agent or any DIP a Lender to assert any claim or demand or to enforce any remedy under any Loan Document this Agreement or any other agreement or instrumentagreement, by any waiver or modification of any provision 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 thing or omission or delay to do any other act or thing that which may or might in any manner or to any extent vary the risk of any the Guarantors, as guarantors of the Guarantors Guaranteed Obligations, or would otherwise operate as a discharge of any the Guarantors, as guarantors of the Guarantors as Guaranteed Obligations, a matter of law, unless and until the Obligations that are included in such Guarantor's Guaranteed Obligations are paid in full (in which case they will be terminated) or in part (in which case they will be reduced by the amount of such payment)cash.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Hayes Lemmerz International Inc)
No Impairment of Guaranty. The obligations of each of the Guarantors hereunder Guarantor under this Article 8 shall not be subject to any reduction, limitation, impairment or termination for any reason, other than repayment reason (except the indefeasible payment and performance in full in cash of the Obligations to which such Guaranty relatesapplicable Guaranteed Obligations), including, without limitation, including 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 any of the Obligations that are included in such Guarantor's Guaranteed Obligations or any other Obligationsotherwise. Without limiting the generality of the foregoing, the obligations of each of the Guarantors Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of any the Collateral Agent, any Fronting Bank the Administrative Agent, the Tranche A Agent, the Tranche A Collateral Agent, or any DIP Lender other Secured Party to assert any claim or demand or to enforce any right or remedy under this Credit Agreement, any Loan Document Fundamental Document, any Lender Hedging Agreement or any other agreement or instrumentagreement, by any waiver or modification of any provision hereof or 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 thing or omission or delay to do any other act or thing that which may or might in any manner or to any extent vary the risk of any of the Guarantors such Guarantor or would otherwise operate as a discharge of any of the Guarantors such Guarantor as a matter of law, unless and until the Obligations that are included in such Guarantor's Guaranteed Obligations are paid in full (in which case they will be terminated) or in part (in which case they will be reduced by the amount of such payment)Bank Credit Termination Date has occurred.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Reliant Resources Inc)
No Impairment of Guaranty. The To the extent permitted by applicable law, the obligations of each of the Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, other than repayment in full of the Obligations to which such Guaranty relates, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense (other than payment in full of the Obligations) or set-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of any of the Obligations that are included in such Guarantor's Guaranteed Obligations or any other Obligations. Without To the extent permitted by applicable law, without limiting the generality of the foregoing, the obligations of each of the Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of any the Agents, the Paying Agent, any Fronting Bank the Collateral Agents or any DIP a Lender to assert any claim or demand or to enforce any remedy under any Loan Document this Agreement or any other agreement or instrumentagreement, by any waiver or modification of any provision hereof or thereof, by any default, failure or delay, willful or otherwise, in the performance of any of the Obligations, or by any other act or thing or omission or delay to do any other act or thing that which may or might in any manner or to any extent vary the risk of any of the Guarantors or would otherwise operate as a discharge (other than payment in full of any the Obligations) of the Guarantors as a matter of law, unless and until the Obligations that are included in such Guarantor's Guaranteed Obligations are paid in full (in which case they will be terminated) or in part (in which case they will be reduced by the amount of such payment)full.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Guaranty Agreement (Ual Corp /De/)
No Impairment of Guaranty. The obligations of each of the Corporate Guarantors hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, other than repayment in full of the Obligations to which such Guaranty relates, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense (other than payment in full of the Obligations) or set-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of any of the Obligations that are included in such Guarantor's Guaranteed Obligations or any other Obligationsotherwise. Without limiting the generality of the foregoing, the obligations of each of the Corporate Guarantors hereunder shall not be discharged or impaired or otherwise affected by the failure of any Agent, any Fronting Bank or any DIP Lender the Agent to assert any claim or demand or to enforce any remedy under any Loan Document this Agreement or any other agreement or instrumentagreement, by any waiver or modification of any provision thereof, by any default, failure or delay, willful or otherwise, in the performance of any of the Obligations, or by any other act or thing or omission or delay to do any other act or thing that which may or might in any manner or to any extent vary the risk of any of the Corporate Guarantors or would otherwise operate as a discharge of any of the Corporate Guarantors as a matter of law, unless and until the Obligations that are included in such Guarantor's Guaranteed Obligations are paid in full (in which case they will be full, the Commitments have terminated and each outstanding Letter of Credit has expired or otherwise been terminated) or in part (in which case they will be reduced by the amount of such payment).
Appears in 1 contract
Samples: Credit, Security and Guaranty Agreement (Actava Group Inc)
No Impairment of Guaranty. The obligations of each of the Guarantors Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason, other than repayment in full of the Obligations to which such Guaranty relates, including, without limitation, any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to any defense (other than payment of the Guaranteed Obligations) or set-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of any of the Obligations that are included in such Guarantor's Guaranteed Obligations or any other Obligationsotherwise. Without limiting the generality of the foregoing, the obligations of each of the Guarantors Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of any Agent, any Fronting Bank the Agent or any DIP Lender to assert any claim or demand or to enforce any remedy hereunder or under any Loan Document the Credit Agreement or any other agreement or instrumentagreement, by any waiver or modification of any provision thereof, by any default, failure failure, or delay, willful or otherwise, in the performance of any of the Guaranteed Obligations, or by any other act or thing thing, or omission or delay to do any other act or thing that thing, which may or might in any manner or to any extent vary the risk of any of the Guarantors Guarantor or would otherwise operate as a discharge of any of the Guarantors Guarantor as a matter of law, unless and until the Obligations that are included in such Guarantor's Guaranteed Obligations are paid in full (in which case they will be terminated) or in part (in which case they will be reduced by the amount of such payment)full.
Appears in 1 contract
Samples: Credit, Security and Guaranty Agreement (Actava Group Inc)