Common use of No Release of Guarantor Clause in Contracts

No Release of Guarantor. Until the NL Guaranteed Obligations have been paid in full as set forth in Sections 2.3 and 2.4, the obligations of the Guarantor 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 other amendment or 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 Guarantor from any obligation hereunder.

Appears in 1 contract

Samples: Equity Support Agreement

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No Release of Guarantor. Until None of the NL Guaranteed Obligations have been following or any combination thereof shall release discharge or in any way lessen or affect the liability of the Guarantor under this Deed: 5.6.1 any neglect delay or forbearance of the Landlord in endeavouring to obtain payment of the rents or other amounts required to be paid by the Tenant or Assignee and/or in full as set forth in Sections 2.3 and 2.4, enforcing the performance or observance of any of the obligations of the Guarantor hereunder shall not be reduced, limited Tenant under this Deed or terminated, nor shall the Tenant or Assignee under the Lease; 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 146 of the Law of Property Xxx 0000 have been entitled) to re-enter the Premises; 5.6.3 any extension of time given by the Landlord to the Tenant or Assignee; 5.6.4 (subject to section 18 of the Landlord and Tenant (Covenants) Act 1995) any variation of the terms of the Lease (including any reviews of the rent payable under the Lease) or the transfer of the Landlord’s reversion or the assignment of this Deed or the Lease with or without the consent of the Guarantor; 5.6.5 any change in the identity constitution structure or powers of any of the Tenant the Assignee the Guarantor be discharged from or the Landlord or the liquidation administration or bankruptcy (as the case may be) of the Guarantor, the Tenant or the Assignee; 5.6.6 any obligation hereunder for legal limitation or any reason whatsoever, including, but not limited to immunity disability or incapacity of the Tenant or the Assignee (whether or not known to the same shall have occurred Landlord) or failed to occur once the fact that any dealings with the Landlord by the Tenant or more than once and, the Assignee may be outside or 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 excess of the time for payment, observance or performance, or any other amendment or modification of any powers of the terms and conditions of the NL Guaranteed Obligations Tenant or the LIL Project Finance Documents;Assignee; or 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 5.6.7 any other act omission matter or failure to act which varies the risks of thing whatsoever whereby but for this provision the Guarantor hereunder or, but for would be exonerated either wholly or in part (other than a release under seal given by the provisions hereof, under the terms of any Law, would operate to reduce, limit or terminate the obligations of the Guarantor from any obligation hereunderLandlord).

Appears in 1 contract

Samples: Lease (BlackRock Inc.)

No Release of Guarantor. Until 4.1 None of the NL Guaranteed Obligations have been 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 full as set forth in Sections 2.3 and 2.4, enforcing the performance or observance of any of the obligations of the Guarantor hereunder shall not be reducedTenant 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, limited structure or terminatedpowers of either the Tenant, nor shall the Guarantor be discharged from 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 obligation hereunder for legal limitation, or any reason whatsoeverimmunity, including, but not limited to disability or incapacity of the Tenant (whether or not known to the same shall have occurred Landlord) or failed to occur once the fact that any dealings with the Landlord by the Tenant may be outside 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 excess of the time for payment, observance or performance, or powers of the Tenant; 4.8 any other amendment act, omission, matter or 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 orthing whatsoever whereby, but for the provisions hereofthis provision, under the terms of any Law, would operate to reduce, limit or terminate the obligations of the Guarantor from any obligation hereunderwould be exonerated either wholly or in part (other than a release under seal given by the Landlord).

Appears in 1 contract

Samples: Lease (Horizon Pharma PLC)

No Release of Guarantor. Until the NL LTA Guaranteed Obligations have been paid in full as set forth in Sections 2.3 and 2.4, the obligations of the Guarantor 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 other amendment or modification of any of the terms and conditions of the NL LTA Guaranteed Obligations or the LIL 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 NL 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 rightsRights, remedies Remedies and/or recourses 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 rightsRights, remedies Remedies and/or recourses 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 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 Guarantor from any obligation hereunder.

Appears in 1 contract

Samples: Lta Equity Support Agreement

No Release of Guarantor. Until 6.1 None of the NL Guaranteed Obligations have been 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: 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 the amounts required to be paid by the Tenant or in full as set forth in Sections 2.3 and 2.4, enforcing the performance or observance of any of the obligations of the Guarantor hereunder shall not be reducedTenant under this Lease; 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; 6.4 any extension of time given by the Landlord to the Tenant; 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 Xxxxxxxx’s consent to the assignment is given in accordance with the provisions of this Lease); 6.6 any change in the constitution, limited structure or terminatedpowers of either the Tenant, nor shall the Guarantor be discharged from or the Landlord or the liquidation, administration, examination or bankruptcy (as the case may be) of either the Tenant or the Guarantor; 6.7 any obligation hereunder for legal limitation, or any reason whatsoeverimmunity, including, but not limited to disability or incapacity of the Tenant (whether or not known to the same shall have occurred Landlord) or failed to occur once the fact that any dealings with the Landlord by the Tenant may be outside 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 excess of the time for payment, observance or performance, or powers of the Tenant; 6.8 any other amendment act, omission, matter or 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 orthing whatsoever whereby, but for the provisions hereofthis provision, under the terms of any Law, would operate to reduce, limit or terminate the obligations of the Guarantor from any obligation hereunderwould be exonerated either wholly or in part (other than a release under seal given by the Landlord).

Appears in 1 contract

Samples: Lease Agreement (Trintech Group PLC)

No Release of Guarantor. Until the NL Guaranteed Obligations have been paid in full Except as expressly set forth in Sections 2.3 herein, Guarantor has no right either to terminate this Guaranty or to be released or discharged from the Obligations, and 2.4, the obligations of the Guarantor hereunder Obligations shall not be reducedaffected, limited released or terminateddiminished, nor shall upon the Guarantor happening from time to time of any one or more of the following whether or not with notice to or consent of the Seller (except to the extent that the consent of the Seller may be discharged required to effectuate a modification of the Agreement) or Guarantor: (a) the compromise, settlement, release, change, modification, or termination of any of the Obligations; (b) the waiver by Beneficiary of the payment of any of the Obligations; (c) the extension of time for payment of any amounts due or of the time for payment of any of the Obligations; (d) any taking (or any abstaining from taking) of any obligation hereunder security or guarantee for the performance of the Obligations, in whole or in part, or the perfecting (or the failing to perfect) any reason whatsoeversuch security; (e) any bankruptcy, includingwinding-up, but not limited liquidation, dissolution, insolvency, reorganization or other similar proceeding affecting the Seller or its assets or any release, stay or discharge of the Seller with respect to the Obligations resulting from such event; (f) the addition, substitution or partial or entire release of Seller or any other person or entity primarily or secondarily liable or responsible for the payment of any of the Obligations or by any extension, waiver, amendment or thing whatsoever which may release Seller or any such other person or entity (other than payment); and (g) the modification or amendment in any manner (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 other amendment or modification material) 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 Guarantor from any obligation hereunder.

Appears in 1 contract

Samples: Agreement to Sell and Acquire Real Estate (Glass House Brands Inc.)

No Release of Guarantor. Until None of the NL Guaranteed Obligations have been following, or any combination of them, shall release, determine, discharge or in any way lessen or affect the liability of the Guarantor as principal obligor under this 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:- 5.5.1 any neglect, delay or forbearance of the Landlord/Tenant or the Landlord in endeavouring to obtain payment of the Rents or the amounts required to be paid by the Tenant/Assignee or the Undertenant or in full as set forth in Sections 2.3 and 2.4, enforcing the performance or observance of any of the obligations of the Guarantor hereunder shall not be reducedTenant/Undertenant under this Deed; 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/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 146 of the Law of Property Act 0000 xxxe been entitled) to re-enter the Premises; 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; 5.5.4 any reviews of the rent payable under the Lease/Underlease and (subject to Section 18 of the 1995 Xxx) xxy variation of the terms of this Deed or of the Lease/Underlease or the transfer of the Landlord's reversion [or the Tenant's reversion]; 5.5.5 any change in the constitution, limited structure or terminatedpowers of [the Undertenant,] the Tenant, nor shall [the Assignee,] the Guarantor be discharged from or the Landlord or the liquidation, administration or bankruptcy (as the case may be) of either [the Undertenant,] the Tenant[, the Assignee] or the Guarantor; 5.5.6 any obligation hereunder for legal limitation, or any reason whatsoeverimmunity, including, but not limited to disability or incapacity of the Tenant/Undertenant (whether or not known to the same shall have occurred Landlord [or failed to occur once the Tenant]) or more than once andthe fact that any dealings with the Landlord [or the Tenant] by the Tenant/Undertenant may be outside, or in excess of, 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 powers of the time for payment, observance or performance, or Tenant/Undertenant; 5.5.7 any other amendment deed, act, omission, failure, matter or modification thing whatsoever as a result 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 orwhich, but for this provision, the provisions hereofGuarantor would be exonerated either wholly or partly (other than a release executed and delivered as a deed by the Landlord [the Tenant (or, under where applicable, the terms of any Law, would operate to reduce, limit Landlord)] or terminate the obligations a release effected by virtue of the 1995 Xxx) xxt 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 from any obligation hereunderhad been the Tenant.

Appears in 1 contract

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

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No Release of Guarantor. Until the NL MF Guaranteed Obligations have been paid in full as set forth in Sections 2.3 and 2.4, the obligations of the Guarantor 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 other amendment or modification of any of the terms and conditions of the NL MF Guaranteed Obligations or the LIL 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 NL 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 rightsRights, remedies Remedies and/or recourses 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 rightsRights, remedies Remedies and/or recourses 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 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 Guarantor from any obligation hereunder.

Appears in 1 contract

Samples: Mf Equity Support Agreement

No Release of Guarantor. Until None of the NL Guaranteed Obligations have been following, or any combination of them, shall release, determine, discharge or in any way lessen or affect the liability of the Guarantor as principal 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:- 6.1 any neglect, delay or forbearance of the Landlord in endeavouring to obtain payment of the Rents or the amounts required to be paid by the Tenant or in full as set forth in Sections 2.3 and 2.4, enforcing the performance or observance of any of the obligations of the Guarantor hereunder shall not be reducedTenant under this Lease; 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 146 of the Law of Property Xxx 0000 have been entitled) to re-enter the Premises; 6.3 any extension of time given by the Landlord to the Tenant; 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; 6.5 any change in the constitution, limited structure or terminatedpowers of either the Tenant, nor shall the Guarantor be discharged from or the Landlord or the liquidation, administration or bankruptcy (as the case may be) of either the Tenant or the Guarantor; 6.6 any obligation hereunder for legal limitation, or any reason whatsoeverimmunity, including, but not limited to disability or incapacity of the Tenant (whether or not known to the same shall have occurred Landlord) or failed to occur once the fact that any dealings with the Landlord by the Tenant may be outside, or more than once andin excess of, 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 powers of the time for payment, observance or performance, or Tenant; 6.7 any other amendment act, omission, matter or modification thing whatsoever as a result 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 orwhich, but for the provisions hereofthis provision, under the terms of any Law, would operate to reduce, limit or terminate the obligations of the Guarantor from any obligation hereunderwould be exonerated either wholly or partly (other than a release executed and delivered as a deed by the Landlord).

Appears in 1 contract

Samples: Occupational Lease (Investment Technology Group Inc)

No Release of Guarantor. Until None of the NL Guaranteed Obligations have been following, or any combination of them, shall release, determine, discharge or in any way lessen or affect the liability of the Guarantor as principal 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:- 5.1 any neglect, delay or forbearance of the Landlord in endeavouring to obtain payment of the Rents or the amounts required to be paid by the Tenant or in full as set forth in Sections 2.3 and 2.4, enforcing the performance or observance of any of the obligations of the Guarantor hereunder shall not be reducedTenant under this Lease; 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 146 of the Law of Property Act 0000 xxxe been entitled) to re-enter the Premises; 5.3 any extension of time given by the Landlord to the Tenant; 5.4 any reviews of the rent payable under this Lease and (subject to Section 18 of the 1995 Xxx) xxy variation of the terms of this Lease or the transfer of the Landlord's reversion or the assignment of this Lease; 5.5 any change in the constitution, limited structure or terminatedpowers of either the Tenant, nor shall the Guarantor be discharged from or the Landlord or the liquidation, administration or bankruptcy or analogous matters (as the case may be) of either the Tenant or the Guarantor; 5.6 any obligation hereunder for legal limitation, or any reason whatsoeverimmunity, including, but not limited to disability or incapacity of the Tenant (whether or not known to the same shall have occurred Landlord) or failed to occur once the fact that any dealings with the Landlord by the Tenant may be outside, or more than once andin excess of, 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 powers of the time for payment, observance or performance, or Tenant; 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 amendment deed, act, omission, failure, matter or modification thing whatsoever as a result 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 orwhich, but for this provision, the provisions hereof, under - 72 - 82 Guarantor would be exonerated either wholly or partly (other than a release executed and delivered as a deed by the terms of any Law, Landlord) but so that this sub-clause 5.7 shall not provide the Landlord with a greater claim than it would operate to reduce, limit or terminate the obligations of have enjoyed in such circumstances if the Guarantor from any obligation hereunderhad been the Tenant.

Appears in 1 contract

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

No Release of Guarantor. Until None of the NL Guaranteed Obligations have been 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: 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 the amounts required to be paid by the Tenant or in full as set forth in Sections 2.3 and 2.4, enforcing the performance or observance of any of the obligations of the Guarantor hereunder shall not be reducedTenant under this Lease; 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; 6.3 any extension of time given by the Landlord to the Tenant; 30 Table of Contents 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; 6.5 any change in the constitution, limited structure or terminatedpowers of either the Tenant, nor shall the Guarantor be discharged from or the Landlord or the liquidation, administration or bankruptcy (as the case may be) of either the Tenant or the Guarantor; 6.6 any obligation hereunder for legal limitation, or any reason whatsoeverimmunity, including, but not limited to disability or incapacity of the Tenant (whether or not known to the same shall have occurred Landlord) or failed to occur once the fact that any dealings with the Landlord by the Tenant may be outside 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 excess of the time for payment, observance or performance, or powers of the Tenant; 6.7 any other amendment act, omission, matter or 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 orthing whatsoever whereby, but for the provisions hereofthis provision, under the terms of any Law, would operate to reduce, limit or terminate the obligations of the Guarantor from any obligation hereunderwould be exonerated either wholly or in part (other than a release under seal given by the Landlord).

Appears in 1 contract

Samples: Lease Agreement (Amarin Corp Plc\uk)

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