Common use of No Release of Guarantor Clause in Contracts

No Release of Guarantor. 4.1 None of the following, or any combination thereof, shall release, determine, discharge or in any way lessen or affect the liability of the Guarantor as principal debtor under this Lease or otherwise prejudice or affect the right of the Landlord to recover from the Guarantor to the full extent of this guarantee: 4.2 any neglect, delay or forbearance of the Landlord in endeavouring to obtain payment of the rents or any part or parts thereof and / or the amounts required to be paid by the Tenant or in enforcing the performance or observance of any of the obligations of the Tenant under this Lease; 4.3 any refusal by the Landlord to accept rent tendered by or on behalf of the Tenant at a time when the Landlord was entitled (or would after the service of a notice under Section 14 of the 1881 Act have been entitled) to re-enter the Premises; 4.4 any extension of time given by the Landlord to the Tenant; 4.5 any variation of the terms of this Lease (including any reviews of the rent payable under this Lease) or the transfer of the Landlord’s reversion or the assignment of this Lease; 4.6 any change in the constitution, structure or powers of either the Tenant, the Guarantor or the Landlord or the liquidation, receivership, examinership, administration or bankruptcy (as the case may be) of either the Tenant or the Guarantor; 4.7 any legal limitation, or any immunity, disability or incapacity of the Tenant (whether or not known to the Landlord) or the fact that any dealings with the Landlord by the Tenant may be outside or in excess of the powers of the Tenant; 4.8 any other act, omission, matter or thing whatsoever whereby, but for this provision, the Guarantor would be exonerated either wholly or in part (other than a release under seal given by the Landlord).

Appears in 1 contract

Sources: Lease (Horizon Pharma PLC)

No Release of Guarantor. 4.1 None of the following, following or any combination thereof, thereof shall release, determine, release discharge or in any way lessen or affect the liability of the Guarantor as principal debtor under this Lease or otherwise prejudice or affect the right of the Landlord to recover from the Guarantor to the full extent of this guaranteeDeed: 4.2 5.6.1 any neglect, neglect delay or forbearance of the Landlord in endeavouring to obtain payment of the rents or any part or parts thereof and / or the other amounts required to be paid by the Tenant or Assignee and/or in enforcing the performance or observance of any of the obligations of the Tenant under this Deed or the Tenant or Assignee under the Lease; 4.3 5.6.2 any refusal by the Landlord to accept rent tendered by or on behalf of the Tenant or Assignee at a time when the Landlord was entitled (or would after the service of a notice under Section 14 section 146 of the 1881 Act Law of Property ▇▇▇ ▇▇▇▇ have been entitled) to re-enter the Premises; 4.4 5.6.3 any extension of time given by the Landlord to the TenantTenant or Assignee; 4.5 5.6.4 (subject to section 18 of the Landlord and Tenant (Covenants) Act 1995) any variation of the terms of this the Lease (including any reviews of the rent payable under this the Lease) or the transfer of the Landlord’s reversion or the assignment of this LeaseDeed or the Lease with or without the consent of the Guarantor; 4.6 5.6.5 any change in the constitution, identity constitution structure or powers of either any of the Tenant, Tenant the Assignee the Guarantor or the Landlord or the liquidation, receivership, examinership, liquidation administration or bankruptcy (as the case may be) of either the Guarantor, the Tenant or the GuarantorAssignee; 4.7 5.6.6 any legal limitation, limitation or any immunity, immunity disability or incapacity of the Tenant or the Assignee (whether or not known to the Landlord) or the fact that any dealings with the Landlord by the Tenant or the Assignee may be outside or in excess of the powers of the Tenant;Tenant or the Assignee; or 4.8 5.6.7 any other act, omission, act omission matter or thing whatsoever whereby, whereby but for this provision, provision the Guarantor would be exonerated either wholly or in part (other than a release under seal given by the Landlord).

Appears in 1 contract

Sources: Lease (BlackRock Inc.)

No Release of Guarantor. 4.1 None of the following, or any combination thereofof them, shall release, determine, discharge or in any way lessen or affect the liability of the Guarantor as principal debtor obligor under this Lease or otherwise prejudice or affect the right of the Landlord to recover from the Guarantor to the full extent of this guarantee:guarantee:- 4.2 5.1 any neglect, delay or forbearance of the Landlord in endeavouring to obtain payment of the rents or any part or parts thereof and / Rents or the amounts required to be paid by the Tenant or in enforcing the performance or observance of any of the obligations of the Tenant under this Lease; 4.3 5.2 any refusal by the Landlord to accept rent tendered by or on behalf of the Tenant at a time when the Landlord was entitled (or would after the service of a notice under Section 14 146 of the 1881 Law of Property Act have ▇▇▇▇ ▇▇▇e been entitled) to re-enter the Premises; 4.4 5.3 any extension of time given by the Landlord to the Tenant; 4.5 any variation of the terms of this Lease (including 5.4 any reviews of the rent payable under this LeaseLease and (subject to Section 18 of the 1995 ▇▇▇) ▇▇y variation of the terms of this Lease or the transfer of the Landlord’s 's reversion or the assignment of this Lease; 4.6 5.5 any change in the constitution, structure or powers of either the Tenant, the Guarantor or the Landlord or the liquidation, receivership, examinership, administration or bankruptcy or analogous matters (as the case may be) of either the Tenant or the Guarantor; 4.7 5.6 any legal limitation, or any immunity, disability or incapacity of the Tenant (whether or not known to the Landlord) or the fact that any dealings with the Landlord by the Tenant may be outside outside, or in excess of of, the powers of the Tenant; 4.8 5.7 (without prejudice to the generality of the foregoing and so as to reflect the express intentions of the parties to this Lease) any other deed, act, omission, failure, matter or thing whatsoever wherebyas a result of which, but for this provision, the - 72 - 82 Guarantor would be exonerated either wholly or in part partly (other than a release under seal given executed and delivered as a deed by the Landlord)) but so that this sub-clause 5.7 shall not provide the Landlord with a greater claim than it would have enjoyed in such circumstances if the Guarantor had been the Tenant.

Appears in 1 contract

Sources: Basement to Level 4 Lease (Goldman Sachs Group Inc)

No Release of Guarantor. 4.1 None Until the NL Guaranteed Obligations have been paid in full as set forth in Sections 2.3 and 2.4, the obligations of the followingGuarantor hereunder shall not be reduced, limited or terminated, nor shall the Guarantor be discharged from any obligation hereunder for any reason whatsoever, including, but not limited to (whether or not the same shall have occurred or failed to occur once or more than once and, in the case of extensions of time for payment, observance or performance of obligations, whether such extensions or any of them are for periods longer than the respective periods then specified therefor and whether or not the Guarantor shall have received notice thereof or assented thereto): 2.12.1 any extension of the time for payment, observance or performance, or any combination thereof, shall release, determine, discharge other amendment or in any way lessen or affect the liability of the Guarantor as principal debtor under this Lease or otherwise prejudice or affect the right of the Landlord to recover from the Guarantor to the full extent of this guarantee: 4.2 any neglect, delay or forbearance of the Landlord in endeavouring to obtain payment of the rents or any part or parts thereof and / or the amounts required to be paid by the Tenant or in enforcing the performance or observance modification of any of the terms and conditions of the NL Guaranteed Obligations or the LIL Project Finance Documents; 2.12.2 any composition or settlement (whether by way of release, acceptance of a plan of reorganization or otherwise) of the NL Guaranteed Obligations; 2.12.3 any failure to exercise, delay in the exercise of, exercise or waiver of, or forbearance or other indulgence with respect to any rights, remedies and/or recourses available to any of the GAA Finance Parties or the Collateral Agent, including but not limited to: 2.12.3.1 any exercise of or failure to exercise any right of set-off, counterclaim, reduction, recoupment or retention; 2.12.3.2 any election of rights, remedies and/or recourses effected by any of them; 2.12.3.3 any subordination by operation of Law, whether present or future, of any or all of the NL Guaranteed Obligations; and 2.12.4 any other act or failure to act which varies the risks of the Guarantor hereunder or, but for the provisions hereof, under the terms of any Law, would operate to reduce, limit or terminate the obligations of the Tenant under this Lease; 4.3 Guarantor from any refusal by the Landlord to accept rent tendered by or on behalf of the Tenant at a time when the Landlord was entitled (or would after the service of a notice under Section 14 of the 1881 Act have been entitled) to re-enter the Premises; 4.4 any extension of time given by the Landlord to the Tenant; 4.5 any variation of the terms of this Lease (including any reviews of the rent payable under this Lease) or the transfer of the Landlord’s reversion or the assignment of this Lease; 4.6 any change in the constitution, structure or powers of either the Tenant, the Guarantor or the Landlord or the liquidation, receivership, examinership, administration or bankruptcy (as the case may be) of either the Tenant or the Guarantor; 4.7 any legal limitation, or any immunity, disability or incapacity of the Tenant (whether or not known to the Landlord) or the fact that any dealings with the Landlord by the Tenant may be outside or in excess of the powers of the Tenant; 4.8 any other act, omission, matter or thing whatsoever whereby, but for this provision, the Guarantor would be exonerated either wholly or in part (other than a release under seal given by the Landlord)obligation hereunder.

Appears in 1 contract

Sources: Equity Support Agreement

No Release of Guarantor. 4.1 None Until the LTA Guaranteed Obligations have been paid in full as set forth in Sections 2.3 and 2.4, the obligations of the followingGuarantor hereunder shall not be reduced, limited or terminated, nor shall the Guarantor be discharged from any obligation hereunder for any reason whatsoever, including, but not limited to (whether or not the same shall have occurred or failed to occur once or more than once and, in the case of extensions of time for payment, observance or performance of obligations, whether such extensions or any of them are for periods longer than the respective periods then specified therefor and whether or not the Guarantor shall have received notice thereof or assented thereto): 2.12.1 any extension of the time for payment, observance or performance, or any combination thereof, shall release, determine, discharge other amendment or in any way lessen or affect the liability of the Guarantor as principal debtor under this Lease or otherwise prejudice or affect the right of the Landlord to recover from the Guarantor to the full extent of this guarantee: 4.2 any neglect, delay or forbearance of the Landlord in endeavouring to obtain payment of the rents or any part or parts thereof and / or the amounts required to be paid by the Tenant or in enforcing the performance or observance modification of any of the terms and conditions of the LTA Guaranteed Obligations or the Muskrat/LTA Project Finance Documents; 2.12.2 any composition or settlement (whether by way of release, acceptance of a plan of reorganization or otherwise) of the LTA Guaranteed Obligations; 2.12.3 any failure to exercise, delay in the exercise of, exercise or waiver of, or forbearance or other indulgence with respect to any Rights, Remedies and/or Recourses available to any of the GAA Finance Parties or the Collateral Agent, including but not limited to: 2.12.3.1 any exercise of or failure to exercise any right of set-off, counterclaim, reduction, recoupment or retention; 2.12.3.2 any election of Rights, Remedies and/or Recourses effected by any of them; 2.12.3.3 any subordination by operation of Law, whether present or future, of any or all of the LTA Guaranteed Obligations; and 2.12.4 any other act or failure to act which varies the risks of the Guarantor hereunder or, but for the provisions hereof, under the terms of any Law, would operate to reduce, limit or terminate the obligations of the Tenant under this Lease; 4.3 Guarantor from any refusal by the Landlord to accept rent tendered by or on behalf of the Tenant at a time when the Landlord was entitled (or would after the service of a notice under Section 14 of the 1881 Act have been entitled) to re-enter the Premises; 4.4 any extension of time given by the Landlord to the Tenant; 4.5 any variation of the terms of this Lease (including any reviews of the rent payable under this Lease) or the transfer of the Landlord’s reversion or the assignment of this Lease; 4.6 any change in the constitution, structure or powers of either the Tenant, the Guarantor or the Landlord or the liquidation, receivership, examinership, administration or bankruptcy (as the case may be) of either the Tenant or the Guarantor; 4.7 any legal limitation, or any immunity, disability or incapacity of the Tenant (whether or not known to the Landlord) or the fact that any dealings with the Landlord by the Tenant may be outside or in excess of the powers of the Tenant; 4.8 any other act, omission, matter or thing whatsoever whereby, but for this provision, the Guarantor would be exonerated either wholly or in part (other than a release under seal given by the Landlord)obligation hereunder.

Appears in 1 contract

Sources: Lta Equity Support Agreement

No Release of Guarantor. 4.1 None Until the MF Guaranteed Obligations have been paid in full as set forth in Sections 2.3 and 2.4, the obligations of the followingGuarantor hereunder shall not be reduced, limited or terminated, nor shall the Guarantor be discharged from any obligation hereunder for any reason whatsoever, including, but not limited to (whether or not the same shall have occurred or failed to occur once or more than once and, in the case of extensions of time for payment, observance or performance of obligations, whether such extensions or any of them are for periods longer than the respective periods then specified therefor and whether or not the Guarantor shall have received notice thereof or assented thereto): 2.12.1 any extension of the time for payment, observance or performance, or any combination thereof, shall release, determine, discharge other amendment or in any way lessen or affect the liability of the Guarantor as principal debtor under this Lease or otherwise prejudice or affect the right of the Landlord to recover from the Guarantor to the full extent of this guarantee: 4.2 any neglect, delay or forbearance of the Landlord in endeavouring to obtain payment of the rents or any part or parts thereof and / or the amounts required to be paid by the Tenant or in enforcing the performance or observance modification of any of the terms and conditions of the MF Guaranteed Obligations or the Muskrat/LTA Project Finance Documents; 2.12.2 any composition or settlement (whether by way of release, acceptance of a plan of reorganization or otherwise) of the MF Guaranteed Obligations; 2.12.3 any failure to exercise, delay in the exercise of, exercise or waiver of, or forbearance or other indulgence with respect to any Rights, Remedies and/or Recourses available to any of the GAA Finance Parties or the Collateral Agent, including but not limited to: 2.12.3.1 any exercise of or failure to exercise any right of set-off, counterclaim, reduction, recoupment or retention; 2.12.3.2 any election of Rights, Remedies and/or Recourses effected by any of them; 2.12.3.3 any subordination by operation of Law, whether present or future, of any or all of the MF Guaranteed Obligations; and 2.12.4 any other act or failure to act which varies the risks of the Guarantor hereunder or, but for the provisions hereof, under the terms of any Law, would operate to reduce, limit or terminate the obligations of the Tenant under this Lease; 4.3 Guarantor from any refusal by the Landlord to accept rent tendered by or on behalf of the Tenant at a time when the Landlord was entitled (or would after the service of a notice under Section 14 of the 1881 Act have been entitled) to re-enter the Premises; 4.4 any extension of time given by the Landlord to the Tenant; 4.5 any variation of the terms of this Lease (including any reviews of the rent payable under this Lease) or the transfer of the Landlord’s reversion or the assignment of this Lease; 4.6 any change in the constitution, structure or powers of either the Tenant, the Guarantor or the Landlord or the liquidation, receivership, examinership, administration or bankruptcy (as the case may be) of either the Tenant or the Guarantor; 4.7 any legal limitation, or any immunity, disability or incapacity of the Tenant (whether or not known to the Landlord) or the fact that any dealings with the Landlord by the Tenant may be outside or in excess of the powers of the Tenant; 4.8 any other act, omission, matter or thing whatsoever whereby, but for this provision, the Guarantor would be exonerated either wholly or in part (other than a release under seal given by the Landlord)obligation hereunder.

Appears in 1 contract

Sources: Mf Equity Support Agreement

No Release of Guarantor. 4.1 None of the following, or any combination thereof, shall release, determine, discharge or in any way lessen or affect the liability of the Guarantor as principal debtor under this Lease or otherwise prejudice or affect the right of the Landlord to recover from the Guarantor to the full extent of this guarantee: 4.2 6.1 any neglect, delay or forbearance of the Landlord in endeavouring to obtain payment of the rents or any part or parts thereof and / or and/or the amounts required to be paid by the Tenant or in enforcing the performance or observance of any of the obligations of the Tenant under this Lease; 4.3 6.2 any refusal by the Landlord to accept rent tendered by or on behalf of the Tenant at a time when the Landlord was entitled (or would after the service of a notice under Section 14 of the 1881 Act have been entitled) to re-enter the Demised Premises; 4.4 6.3 any extension of time given by the Landlord to the Tenant;; 30 Table of Contents 4.5 6.4 any variation of the terms of this Lease (including any reviews of the rent payable under this Lease) or the transfer of the Landlord’s reversion or the assignment of this Lease; 4.6 6.5 any change in the constitution, structure or powers of either the Tenant, the Guarantor or the Landlord or the liquidation, receivership, examinership, administration or bankruptcy (as the case may be) of either the Tenant or the Guarantor; 4.7 6.6 any legal limitation, or any immunity, disability or incapacity of the Tenant (whether or not known to the Landlord) or the fact that any dealings with the Landlord by the Tenant may be outside or in excess of the powers of the Tenant; 4.8 6.7 any other act, omission, matter or thing whatsoever whereby, but for this provision, the Guarantor would be exonerated either wholly or in part (other than a release under seal given by the Landlord).

Appears in 1 contract

Sources: Lease Agreement (Amarin Corp Plc\uk)

No Release of Guarantor. 4.1 None of the following, or any combination thereofof them, shall release, determine, discharge or in any way lessen or affect the liability of the Guarantor as principal debtor obligor under this Lease Deed or otherwise prejudice or affect the right of the Landlord/Tenant or of the Landlord to recover from the Guarantor to the full extent of this guarantee:guarantee:- 4.2 5.5.1 any neglect, delay or forbearance of the Landlord/Tenant or the Landlord in endeavouring to obtain payment of the rents or any part or parts thereof and / Rents or the amounts required to be paid by the Tenant Tenant/Assignee or the Undertenant or in enforcing the performance or observance of any of the obligations of the Tenant Tenant/Undertenant under this LeaseDeed; 4.3 5.5.2 any refusal by the Landlord/Tenant or (where applicable) the Landlord to accept rent tendered by or on behalf of the Tenant Tenant/Assignee or the Undertenant at a time when the Landlord/Tenant or (as the case may be) the Landlord was entitled (or would after the service of a notice under Section 14 146 of the 1881 Law of Property Act have ▇▇▇▇ ▇▇▇e been entitled) to re-enter the Premises; 4.4 5.5.3 any extension of time given by the Landlord to the Tenant/by the Tenant or the Landlord to the Assignee or the Undertenant; 4.5 any variation of the terms of this Lease (including 5.5.4 any reviews of the rent payable under the Lease/Underlease and (subject to Section 18 of the 1995 ▇▇▇) ▇▇y variation of the terms of this Deed or of the Lease) /Underlease or the transfer of the Landlord’s 's reversion [or the assignment of this LeaseTenant's reversion]; 4.6 5.5.5 any change in the constitution, structure or powers of either [the Undertenant,] the Tenant, [the Assignee,] the Guarantor or the Landlord or the liquidation, receivership, examinership, administration or bankruptcy (as the case may be) of either [the Tenant Undertenant,] the Tenant[, the Assignee] or the Guarantor; 4.7 5.5.6 any legal limitation, or any immunity, disability or incapacity of the Tenant Tenant/Undertenant (whether or not known to the LandlordLandlord [or the Tenant]) or the fact that any dealings with the Landlord [or the Tenant] by the Tenant Tenant/Undertenant may be outside outside, or in excess of of, the powers of the Tenant/Undertenant; 4.8 5.5.7 any other deed, act, omission, failure, matter or thing whatsoever wherebyas a result of which, but for this provision, the Guarantor would be exonerated either wholly or in part partly (other than a release under seal given executed and delivered as a deed by the Landlord [the Tenant (or, where applicable, the Landlord)] or a release effected by virtue of the 1995 ▇▇▇) ▇▇t so that this sub-clause 5.5 shall not provide the Landlord with a greater claim than it would have enjoyed in such circumstances if the Guarantor had been the Tenant.

Appears in 1 contract

Sources: Basement to Level 4 Lease (Goldman Sachs Group Inc)

No Release of Guarantor. 4.1 None of the following, or any combination thereofof them, shall release, determine, discharge or in any way lessen or affect the liability of the Guarantor as principal debtor obligor under this Lease or otherwise prejudice or affect the right of the Landlord to recover from the Guarantor to the full extent of this guarantee:guarantee:- 4.2 6.1 any neglect, delay or forbearance of the Landlord in endeavouring to obtain payment of the rents or any part or parts thereof and / Rents or the amounts required to be paid by the Tenant or in enforcing the performance or observance of any of the obligations of the Tenant under this Lease; 4.3 6.2 any refusal by the Landlord to accept rent tendered by or on behalf of the Tenant at a time when the Landlord was entitled (or would after the service of a notice under Section 14 146 of the 1881 Act Law of Property ▇▇▇ ▇▇▇▇ have been entitled) to re-enter the Premises; 4.4 6.3 any extension of time given by the Landlord to the Tenant; 4.5 6.4 any variation of the terms of this Lease (including any reviews of the rent payable under this Lease) or the transfer of the Landlord’s reversion or the assignment of this Lease; 4.6 6.5 any change in the constitution, structure or powers of either the Tenant, the Guarantor or the Landlord or the liquidation, receivership, examinership, administration or bankruptcy (as the case may be) of either the Tenant or the Guarantor; 4.7 6.6 any legal limitation, or any immunity, disability or incapacity of the Tenant (whether or not known to the Landlord) or the fact that any dealings with the Landlord by the Tenant may be outside outside, or in excess of of, the powers of the Tenant; 4.8 6.7 any other act, omission, matter or thing whatsoever wherebyas a result of which, but for this provision, the Guarantor would be exonerated either wholly or in part partly (other than a release under seal given executed and delivered as a deed by the Landlord).

Appears in 1 contract

Sources: Occupational Lease (Investment Technology Group Inc)

No Release of Guarantor. 4.1 6.1 None of the following, or any combination thereof, shall release, determine, discharge or in any way lessen or affect the liability of the Guarantor as principal debtor under this Lease or otherwise prejudice or affect the right of the Landlord to recover from the Guarantor to the full extent of this guarantee: 4.2 6.2 any neglect, delay or forbearance of the Landlord in endeavouring to obtain payment of the rents or any part or parts thereof and / or and/or the amounts required to be paid by the Tenant or in enforcing the performance or observance of any of the obligations of the Tenant under this Lease; 4.3 6.3 any refusal by the Landlord to accept rent tendered by or on behalf of the Tenant at a time when the Landlord was entitled (or would after the service of a notice under Section 14 of the 1881 Act have been entitled) to re-enter the Demised Premises; 4.4 6.4 any extension of time given by the Landlord to the Tenant; 4.5 6.5 any variation of the terms of this Lease (including any reviews of the rent payable under this Lease) or the transfer of the Landlord’s reversion or the assignment of this Lease (save where ▇▇▇▇▇▇▇▇’s consent to the assignment is given in accordance with the provisions of this Lease); 4.6 6.6 any change in the constitution, structure or powers of either the Tenant, the Guarantor or the Landlord or the liquidation, receivershipadministration, examinership, administration examination or bankruptcy (as the case may be) of either the Tenant or the Guarantor; 4.7 6.7 any legal limitation, or any immunity, disability or incapacity of the Tenant (whether or not known to the Landlord) or the fact that any dealings with the Landlord by the Tenant may be outside or in excess of the powers of the Tenant; 4.8 6.8 any other act, omission, matter or thing whatsoever whereby, but for this provision, the Guarantor would be exonerated either wholly or in part (other than a release under seal given by the Landlord).

Appears in 1 contract

Sources: Lease Agreement (Trintech Group PLC)