No Release or Discharge. This Guaranty is a direct and primary obligation of Guarantor and shall be an irrevocable, unconditional, absolute and continuing guaranty, irrespective of the following potential defenses:
2.2.1 any invalidity, voidability or unenforceability of, or defect or deficiency applicable to Obligor in respect of, the Agreement or any other documents executed in connection with the Agreement based on Obligor’s lack of corporate power and authority to enter into the Agreement or such other documents or the failure of the Agreement or such other documents to be duly authorized and executed by Obligor and its signatories;
2.2.2 any postponement or extension of the date on which any payment must be made pursuant to the Agreement or postponement or extension of the date on which any act must be performed by Obligor thereunder, provided that any such postponement or extension shall be deemed to apply to the Guarantor’s obligations hereunder in the same way that it applies to Obligor’s obligations under the Agreement;
2.2.3 whether or not Guarantor received direct notice of or consented to any modification, amendment, supplement, renewal or waiver of the Agreement or any of the terms or conditions of the Agreement, including under a Change Order, provided that the Guaranteed Obligations shall not be greater than the obligations of Obligor under the Agreement, as the Agreement may be so modified, amended, supplemented, renewed or waived without Guarantor’s consent;
2.2.4 any failure, omission or delay on the part of Beneficiary or any other Person to confirm or comply with any of the terms or conditions of the Agreement or any other documents executed in connection with the Agreement;
2.2.5 except as to applicable statutes of limitation or other contractual period of limitation, the failure, omission, delay, or refusal by Beneficiary to exercise against Obligor, in whole or in part, any right or remedy held by Beneficiary with respect to the Agreement;
2.2.6 any legal disability of Guarantor, or any release or discharge of Guarantor by a bankruptcy court;
2.2.7 any stay applicable to any enforcement of the Guaranteed Obligations against Obligor;
2.2.8 any rights of subrogation, reimbursement, indemnity or contribution that Guarantor or Beneficiary may have against Obligor;
2.2.9 any lack of knowledge by Guarantor as to the condition (including financial) of Obligor, since Guarantor shall be responsible for obtaining its own knowledge of such condition;
2.2.10 any electio...
No Release or Discharge. . Subject to the limitations in Section 2.1 hereof, this Guaranty is a primary obligation of each Guarantor and shall be an irrevocable, unconditional, absolute and continuing guaranty, irrespective of:
(a) any modification, amplification, amendment, supplement, renewal or waiver of the PSA or any of the terms or conditions of the PSA;
(b) any postponement or extension of the date on which any payment must be made pursuant to the PSA or postponement or extension of the date on which any act must be performed by Obligor thereunder; or
(c) any other circumstances which might otherwise constitute a legal or equitable discharge or defense of a guarantor, including any termination of or change in corporate existence, structure or ownership of Obligor or each Guarantor, or any insolvency, bankruptcy, reorganization or other similar proceeding affecting Obligor or its assets; all without notice to or further assent by each Guarantor, who shall remain bound by this Guaranty, which shall remain in full force and effect until all of the Guaranteed Obligations have been indefeasibly paid, notwithstanding any such event or circumstance or any such act by Beneficiary.
No Release or Discharge. Except as expressly provided herein, none of the terms or conditions contained in this Section 4 or in Sections 8 and 9 hereof shall be construed, operate or be effective to limit, release or discharge in any manner Custodian's duties, obligations, responsibilities and liabilities to Client in connection with Custodian's direct or indirect holding of Securities hereunder, whether in definitive or book-entry form.
No Release or Discharge. Except as expressly provided herein, nothing contained in this Agreement is intended to or shall act to nullify, discharge or release any obligations or to release any collateral. Except to the extent of any express conflict with this Agreement, each and every of the terms and conditions of the Loan Documents shall remain in full force and effect.
No Release or Discharge. This Guaranty is irrevocable, absolute, present, continuing and unconditional, and the obligations of Guarantor shall not be released, impaired, modified, limited or affected in any way by (a) any extensions of time, indulgences or modification which Landlord may extend to Tenant in the performance of its obligations under the Lease; (b) any failure of Landlord to enforce any of the conditions of the Lease; (c) any assignment or other transfer of the Lease or this Guaranty by Landlord; (d) any assignment or other transfer of the Lease by Tenant or the sublease of all or part of the Property by Tenant; (e) any amendments to or modifications of the Lease; (f) the release or discharge of Tenant in bankruptcy or other creditors’ proceedings; or (g) any rejection or disclaimer of Tenant. In addition, the obligations hereunder of Guarantor shall extend and apply with respect to the full and faithful performance and observance of all of the covenants, terms and conditions of Tenant to be performed (i) if the Lease shall be renewed, or its term extended, for any period beyond the date specified in the Lease for the expiration of said term, either pursuant to any option granted under the Lease or otherwise; and (ii) if Tenant holds over beyond the term of the Lease.
No Release or Discharge. Except as expressly provided herein~, no~e of the terms or conditions contained in this Section 4 or in Sections 8 and 9 hereof shall be construed. operate or be effective to limit, release or discharge in any manner Custodian's duties, obligations, responsibilities and liabilities to Client in connection with Custodian's direct or indirect holding of Securities hereunder, whether in definitive or book-entry form.
No Release or Discharge. Nothing set forth in this Agreement is intended to or shall act to nullify, discharge or release any obligation of any Borrower or to waive or release any collateral given to First Union, nor shall this Agreement be deemed or considered to operate as a novation of any of the Loan Documents or any obligation thereunder. Except to the extent of any express conflict with this Agreement, each and all of the terms and conditions of the Loan Documents shall remain in full force and effect. Nothing in this Agreement shall be construed to release or discharge the parties from any of their obligations to First Union arising out of the Loan Documents and the parties reaffirm their indebtedness to First Union under the Loan Documents.
No Release or Discharge. No application of all or any part of the Cash Collateral to the Obligations pursuant this Section shall in any way release, satisfy or discharge any remaining unpaid Obligations or any security therefor. No delay or omission of Bank to insist upon strict performance of any obligations of any other party hereto under or in connection with this Agreement or to exercise any right, power or remedy available under or in connection with this Agreement (after the occurrence of any Event of Default or otherwise) shall waive, exhaust or impair any such obligation or any such right, power or remedy, nor shall any such delay or omission be deemed to be a waiver of, or acquiescence in or to, any Event of Default. Notwithstanding any such delay or omission, Bank thereafter shall have the right, from time to time and as often as Bank deems advisable, to insist upon strict performance of any and all obligations of the parties hereto and to exercise any and all rights, powers and remedies available under or in connection with this Agreement.
No Release or Discharge. Nothing set forth in this Agreement is intended to or shall act to nullify, discharge or release any of the obligations of the Borrower, nor shall this Agreement or any document executed in connection herewith be deemed or considered to operate as a novation of any of the Loan Documents or any of the obligations thereunder. Except to the extent of any express conflict with this Agreement or any of the documents executed in connection with this Agreement, each and all of the terms and conditions of the Loan Documents shall remain in full force and effect. Nothing in this Agreement or the documents executed in connection with this Agreement shall be construed to release or discharge the parties from any of their obligations to the Lender arising out of the Loan Documents.
No Release or Discharge. The liability of each of the Vendor Guarantors under this Clause 6 shall not be released or diminished by any arrangements or alterations of terms (whether of this Deed, any of the Transaction Documents or otherwise) or any forbearance, neglect or delay in seeking performance of the obligations hereby imposed or any granting of time for such performance.
