Common use of No Release of Guarantors Clause in Contracts

No Release of Guarantors. Each Guarantor's liability under this Guarantee shall not be limited, diminished or extinguished by, and each Guarantor shall not be entitled to raise as a defense, any: (a) invalidity, irregularity or unenforceability of the Guarantied Obligations or of such Guarantor's obligations hereunder; (b) failure of such Guarantor to be given notice of default by the Company; (c) reorganization, merger or consolidation of the Company or any Guarantor into or with any other Person; (d) waiver of the Company's defaults or extensions of due dates for payments or other accommodations, indulgences or forbearance granted to the Company; (e) release of or non-perfection with respect to part or all of any security for the Guarantied Obligations or the Notes; (f) taking or accepting of any other security, collateral or guaranty of payment of any or all of the Guarantied Obligations or the Notes; (g) release of or settlement or compromise with any one or more Persons who constitute guarantors or the release of or settlement or compromise with any one or more Persons who are otherwise liable for the payment or performance of all or any portion of the Guarantied Obligations or the Notes and who are not primary obligors thereon; (h) any loss or impairment of any right of any Guarantor for subrogation, reimbursement or contributions; (i) assignment or other transfer by the Noteholders (or any trustee or agent acting on the behalf of the Noteholders, as the case may be) of any part of the Guarantied Obligations or the Notes, or any collateral or security securing any portion of the Guarantied Obligations or the Notes; (j) illegality or impossibility of performance on the part of the Company or the Guarantors under the Note Agreement, the Notes or this Guarantee; or (k) other acts or omissions of the Noteholders which, in the absence of this Section, would operate so as to impair, diminish or extinguish any Guarantor's liability under this Guarantee.

No Release of Guarantors. Each Guarantor's liability under this Guarantee shall Guaranty will not be limitedreduced, diminished extinguished, discharged or extinguished released by, and each no Guarantor shall not be is entitled to raise as a defense, any: (a) invalidity, irregularity or unenforceability of the Guarantied Obligations, any Borrower's Obligations or other obligations under the Loan Documents to which it is a party, or of such Guarantor's obligations hereunderunder the Loan Documents to which it is a party, including this Guaranty; (b) existing or future offset, claim, counterclaim or defense of any Borrower, such Guarantor or any other party against the Guarantied Parties or against payment of the Obligations or the Guarantied Obligations (whether such offset, claim, counterclaim or defense arises in connection with the Obligations or the Guarantied Obligations or the transactions creating the Obligations or the Guarantied Obligations or otherwise); (c) failure of such Guarantor to be given notice of default a Default or Event of Default by the Companyany Borrower; (cd) waivers of Defaults or Events of Default or other waivers under the Loan Documents; (e) extensions of due dates for payments, modifications of interest rates or other payment terms with respect to the Guarantied Obligations or any other accommodation, indulgence or forbearance granted to any Borrower; (f) reorganization, merger or consolidation of the Company any Borrower or any such Guarantor into or with any other Person; (d) waiver of the Company's defaults or extensions of due dates for payments or other accommodations, indulgences or forbearance granted to the Company; (eg) release of or non-perfection with respect to part any or all of any collateral or any other security for the Guarantied Obligations or the NotesObligations; (fh) taking or accepting of any other securitysecurity or collateral for, collateral or guaranty of payment of of, any or all of the Guarantied Obligations or the NotesObligations; (gi) the death of or release of of, or settlement or compromise with with, any one or more other Persons who constitute guarantors have guarantied, or the release of or settlement or compromise with any one or more Persons who are otherwise liable for the payment or performance of, any or all of all the Guarantied Obligations; (j) assignment or other transfer of, or granting of a participation in, any portion of the Guarantied Obligations or the Notes and who are not primary obligors thereon; (h) any loss or impairment of any right of any Guarantor for subrogation, reimbursement or contributions; (i) assignment or other transfer by the Noteholders (or any trustee or agent acting on the behalf of the Noteholders, as the case may be) of any part of the Guarantied Obligations or the Notes, or any collateral or other security securing any portion of therefor, by the Guarantied Obligations or the NotesParties; (j) illegality or impossibility of performance on the part of the Company or the Guarantors under the Note Agreement, the Notes or this Guarantee; or (k) other acts or omissions of the Noteholders which, in the absence of this Section, Section 5 would operate so as to impairreduce, diminish extinguish, discharge or extinguish any release such Guarantor's liability under this GuaranteeGuaranty (except for the full and indefeasible payment of the Guarantied Obligations, cancellation or termination of the Commitment, expiration of all Letters of Credit, and termination of any other commitment to extend credit or make advances to or for the account of any Borrower).

No Release of Guarantors. Each Guarantor's liability under this Guarantee shall Guaranty will not be limitedreduced, diminished extinguished, discharged or extinguished released by, and each no Guarantor shall not be is entitled to raise as a defense, any: : (a) invalidity, irregularity or unenforceability of the Guarantied Obligations, any Borrower's Obligations or other obligations under the Loan Documents to which it is a party, or of such Guarantor's obligations hereunder; under the Loan Documents to which it is a party, including this Guaranty; (b) existing or future offset, claim, counterclaim or defense of any Borrower, such Guarantor or any other party against the Guarantied Parties or against payment of the Obligations or the Guarantied Obligations (whether such offset, claim, counterclaim or defense arises in connection with the Obligations or the Guarantied Obligations or the transactions creating the Obligations or the Guarantied Obligations or otherwise); (c) failure of such Guarantor to be given notice of default a Default or Event of Default by any Borrower; (d) waivers of Defaults or Events of Default or other waivers under the Company; Loan Documents: (ce) extensions of due dates for payments, modifications of interest rates or other payment terms with respect to the Guarantied Obligations or any other accommodation, indulgence or forbearance granted to any Borrower; (f) reorganization, merger or consolidation of the Company any Borrower or any such Guarantor into or with any other Person; (d) waiver of the Company's defaults or extensions of due dates for payments or other accommodations, indulgences or forbearance granted to the Company; (e) release of or non-perfection with respect to part or all of any security for the Guarantied Obligations or the Notes; (f) taking or accepting of any other security, collateral or guaranty of payment of any or all of the Guarantied Obligations or the Notes; (g) release of or settlement or compromise with any one or more Persons who constitute guarantors or the release of or settlement or compromise with any one or more Persons who are otherwise liable for the payment or performance of all or any portion of the Guarantied Obligations or the Notes and who are not primary obligors thereon; (h) any loss or impairment of any right of any Guarantor for subrogation, reimbursement or contributions; (i) assignment or other transfer by the Noteholders (or any trustee or agent acting on the behalf of the Noteholders, as the case may be) of any part of the Guarantied Obligations or the Notes, or any collateral or security securing any portion of the Guarantied Obligations or the Notes; (j) illegality or impossibility of performance on the part of the Company or the Guarantors under the Note Agreement, the Notes or this Guarantee; or (k) other acts or omissions of the Noteholders which, in the absence of this Section, would operate so as to impair, diminish or extinguish any Guarantor's liability under this Guarantee.

No Release of Guarantors. Each Guarantor's liability under this Guarantee shall Guaranty will not be limitedreduced, diminished extinguished, discharged or extinguished released by, and each no Guarantor shall not be is entitled to raise as a defense, any: (a) 5.1 invalidity, irregularity or unenforceability of the Guarantied Obligations, Borrower's Loan Obligations or other obligations under the Loan Documents to which it is a party, or of such Guarantor's obligations hereunderunder the Loan Documents to which it is a party, including this Guaranty; 5.2 existing or future offset, claim, counterclaim or defense of Borrower, such Guarantor or any other party against Beneficiary or against payment of the Loan Obligations or the Guarantied Obligations (b) whether such offset, claim, counterclaim or defense arises in connection with the Loan Obligations or the Guarantied Obligations or the transactions creating the Loan Obligations or the Guarantied Obligations or otherwise); 5.3 failure of such Guarantor to be given notice of default a Default or Event of Default by the CompanyBorrower; (c) 5.4 waivers of Defaults or Events of Default or other waivers under the Loan Documents; 5.5 extensions of due dates for payments, modifications of interest rates or other payment terms with respect to the Guarantied Obligations or any other accommodation, indulgence or forbearance granted to Borrower; 5.6 reorganization, merger or consolidation of the Company Borrower or any such Guarantor into or with any other Person; (d) waiver of the Company's defaults or extensions of due dates for payments or other accommodations, indulgences or forbearance granted to the Company; (e) 5.7 release of or non-perfection with respect to part any or all of the Collateral or any other security for the Guarantied Obligations or the NotesObligations; (f) 5.8 taking or accepting of any other securitysecurity or collateral for, collateral or guaranty of payment of of, any or all of the Guarantied Obligations or the NotesObligations; (g) 5.9 the death of or release of of, or settlement or compromise with with, any one or more other Persons who constitute guarantors have guarantied, or the release of or settlement or compromise with any one or more Persons who are otherwise liable for the payment or performance of, any or all of all the Guarantied Obligations; 5.10 assignment or other transfer of, or granting of a participation in, any portion of the Guarantied Obligations or the Notes and who are not primary obligors thereonany Collateral or other security therefor, by Beneficiary; (h) any loss or impairment of any right of any Guarantor for subrogation, reimbursement or contributions; (i) assignment or other transfer by the Noteholders (or any trustee or agent acting on the behalf of the Noteholders, as the case may be) of any part of the Guarantied Obligations or the Notes, or any collateral or security securing any portion of the Guarantied Obligations or the Notes; (j) illegality or impossibility of performance on the part of the Company or the Guarantors under the Note Agreement, the Notes or this Guarantee; or (k) 5.11 other acts or omissions of the Noteholders which, in the absence of this Section, Section 5 would operate so as to impairreduce, diminish extinguish, discharge or extinguish any release such Guarantor's liability under this GuaranteeGuaranty (except for the full and indefeasible payment of the Guarantied Obligations, cancellation or termination of the Commitments, expiration of all Letters of Credit, and termination of any other commitment to extend credit or make advances to or for the account of Borrower).

No Release of Guarantors. Each Guarantor's ’s liability under this Guarantee shall not be limited, diminished or extinguished by, and each Guarantor shall not be entitled to raise as a defense, any: (a) invalidity, irregularity or unenforceability of the Guarantied Obligations or of such Guarantor's ’s obligations hereunder; (b) failure of such Guarantor to be given notice of default by the CompanyU.K. Borrower; (c) reorganization, merger or consolidation of the Company U.K. Borrower or any Guarantor into or with any other Person; (d) waiver of the Company's U.K. Borrower’s defaults or extensions of due dates for payments or other accommodations, indulgences or forbearance granted to the CompanyU.K. Borrower; (e) release of or non-perfection with respect to part or all of any security for the Guarantied Obligations or the NotesObligations; (f) taking or accepting of any other security, collateral or guaranty of payment of any or all of the Guarantied Obligations or the NotesObligations; (g) release of or settlement or compromise with any one or more Persons who constitute guarantors or the release of or settlement or compromise with any one or more Persons who are otherwise liable for the payment or performance of all or any portion of the Guarantied Obligations or the Notes and who are not primary obligors thereon; (h) any loss or impairment of any right of any Guarantor for subrogation, reimbursement or contributions; (i) assignment or other transfer by the Noteholders U.S. Agent or any U.S. Revolving B Credit Lender (or any trustee or agent acting on the behalf of the NoteholdersU.S. Agent or any U.S. Revolving B Credit Lender, as the case may be) of any part of the Guarantied Obligations or the NotesObligations, or any collateral or security securing any portion of the Guarantied Obligations or the NotesObligations; (j) illegality or impossibility of performance on the part of the Company U.K. Borrower or the Guarantors under the Note Agreement, the Notes Credit Agreement or this Guarantee; or (k) other acts or omissions of the Noteholders U.S. Agent or any U.S. Revolving B Credit Lender which, in the absence of this Section, would operate so as to impair, diminish or extinguish any Guarantor's ’s liability under this Guarantee.

No Release of Guarantors. Each Guarantor's liability under this Guarantee shall Guaranty will not be limitedreduced, diminished extinguished, discharged or extinguished released by, and each no Guarantor shall not be is entitled to raise as a defense, any: : (a) invalidity, irregularity or unenforceability of the Guarantied Obligations, any Borrower's Obligations or other obligations under the Loan Documents to which it is a party, or of such Guarantor's obligations hereunder; under the Loan Documents to which it is a party, including this Guaranty; (b) existing or future offset, claim, counterclaim or defense of any Borrower, such Guarantor or any other party against the Guarantied Parties or against payment of the Obligations or the Guarantied Obligations (whether such offset, claim, counterclaim or defense arises in connection with the Obligations or the Guarantied Obligations or the transactions creating the Obligations or the Guarantied Obligations or otherwise); (c) failure of such Guarantor to be given notice of default a Default or Event of Default by any Borrower; (d) waivers of Defaults or Events of Default or other waivers under the Company; Loan Documents: (ce) extensions of due dates for payments, modifications of interest rates or other payment terms with respect to the Guarantied Obligations or any other accommodation, indulgence or forbearance granted to any Borrower; (f) reorganization, merger or consolidation of the Company any Borrower or any such Guarantor into or with any other Person; ; (d) waiver of the Company's defaults or extensions of due dates for payments or other accommodations, indulgences or forbearance granted to the Company; (eg) release of or non-perfection with respect to part any or all of any collateral or any other security for the Guarantied Obligations or the NotesObligations; (f) taking or accepting of any other security, collateral or guaranty of payment of any or all of the Guarantied Obligations or the Notes; (g) release of or settlement or compromise with any one or more Persons who constitute guarantors or the release of or settlement or compromise with any one or more Persons who are otherwise liable for the payment or performance of all or any portion of the Guarantied Obligations or the Notes and who are not primary obligors thereon; (h) any loss or impairment of any right of any Guarantor for subrogation, reimbursement or contributions; (i) assignment or other transfer by the Noteholders (or any trustee or agent acting on the behalf of the Noteholders, as the case may be) of any part of the Guarantied Obligations or the Notes, or any collateral or security securing any portion of the Guarantied Obligations or the Notes; (j) illegality or impossibility of performance on the part of the Company or the Guarantors under the Note Agreement, the Notes or this Guarantee; or (k) other acts or omissions of the Noteholders which, in the absence of this Section, would operate so as to impair, diminish or extinguish any Guarantor's liability under this Guarantee.

No Release of Guarantors. Each Guarantor's ’s liability under this Guarantee shall not be limited, diminished or extinguished by, and each Guarantor shall not be entitled to raise as a defense, any: (a) invalidity, irregularity or unenforceability of the Guarantied Obligations or of such Guarantor's ’s obligations hereunder; (b) failure of such Guarantor to be given notice of default by the CompanyU.S. Borrower; (c) reorganization, merger or consolidation of the Company U.S. Borrower or any Guarantor into or with any other Person; (d) waiver of the Company's U.S. Borrower’s defaults or extensions of due dates for payments or other accommodations, indulgences or forbearance granted to the CompanyU.S. Borrower; (e) release of or non-perfection with respect to part or all of any security for the Guarantied Obligations or the NotesObligations; (f) taking or accepting of any other security, collateral or guaranty of payment of any or all of the Guarantied Obligations or the NotesObligations; (g) release of or settlement or compromise with any one or more Persons who constitute guarantors or the release of or settlement or compromise with any one or more Persons who are otherwise liable for the payment or performance of all or any portion of the Guarantied Obligations or the Notes and who are not primary obligors thereon; (h) any loss or impairment of any right of any Guarantor for subrogation, reimbursement or contributions; (i) assignment or other transfer by the Noteholders U.S. Agent or any U.S. Lender (or any trustee or agent acting on the behalf of the NoteholdersU.S. Agent or any U.S. Lender, as the case may be) of any part of the Guarantied Obligations or the NotesObligations, or any collateral or security securing any portion of the Guarantied Obligations or the NotesObligations; (j) illegality or impossibility of performance on the part of the Company U.S. Borrower or the Guarantors under the Note Agreement, the Notes Credit Agreement or this Guarantee; or (k) other acts or omissions of the Noteholders U.S. Agent or any U.S. Lender which, in the absence of this Section, would operate so as to impair, diminish or extinguish any Guarantor's ’s liability under this Guarantee.