Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:
Appears in 57 contracts
Samples: Indenture (Clean Harbors Inc), Clean Harbors Inc, Indenture (Clean Harbors Inc)
Obligations Not Affected. The obligations of each Subsidiary Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Subsidiary Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Subsidiary Guarantor hereunder or might operate to release or otherwise exonerate any Subsidiary Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:
Appears in 12 contracts
Samples: Magnum Hunter Resources Inc, Supplemental Indenture (Canadian Abraxas Petroleum LTD), Indenture (Magnum Hunter Resources Inc)
Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:.
Appears in 10 contracts
Samples: Standard Commercial Corp, Doe Run Resources Corp, Indenture (Penhall Co)
Obligations Not Affected. The obligations of each Guarantor the Guarantors hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor the Guarantors or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor the Guarantors hereunder or might operate to release or otherwise exonerate any Guarantor the Guarantors from any of its their obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:
Appears in 10 contracts
Samples: Indenture (A I M Management Group Inc /De/), Indenture (A I M Management Group Inc /De/), Indenture (Amvescap PLC/London/)
Obligations Not Affected. The Except as otherwise provided in Sections 10.2 and 10.4, the obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:
Appears in 9 contracts
Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/)
Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any such Guarantor or any of the HoldersHolders and the Trustee) which, but for this provision, might constitute a whole or partial defense to a claim against any each Guarantor hereunder or might operate to release or otherwise exonerate any such Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders and the Trustee or otherwise, including, without limitation:
Appears in 8 contracts
Samples: Intercreditor Agreement (Manitowoc Co Inc), Indenture (Manitowoc Co Inc), Indenture (Manitowoc Foodservice, Inc.)
Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the HoldersGuaranteed Parties) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders Guaranteed Parties or otherwise, including, without limitation:
Appears in 4 contracts
Samples: Supplemental Indenture (Net Servicos De Comunicacao S A), Supplemental Indenture (Net Servicos De Comunicacao S A), Brazilian Communitary Antennae LTD
Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, affected or impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the HoldersGuaranteed Parties) which, but for this provision, might constitute a whole or partial defense defence to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders Guaranteed Parties or otherwise, including, without limitation:
Appears in 3 contracts
Samples: Blount International Inc, Baldwin Piano & Organ Co /De/, Blount International Inc
Obligations Not Affected. The obligations of each the Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any the Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any the Guarantor hereunder or might operate to release or otherwise exonerate any the Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:.
Appears in 3 contracts
Samples: Charter Communications Holdings Capital Corp, Charter Communications Holdings Capital Corp, Charter Communications Holdings Capital Corp
Obligations Not Affected. The obligations of each the Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any the Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any the Guarantor hereunder or might operate to release or otherwise exonerate any the Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:
Appears in 3 contracts
Samples: Indenture (Alta One Inc.), Indenture (RPM International Inc/De/), Indenture (Bowater Inc)
Obligations Not Affected. The Except as otherwise provided in Sections 8.02 and 8.04, the obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:
Appears in 3 contracts
Samples: Indenture (Lennar Corp /New/), Indenture (Lennar Corp /New/), Lennar Corp /New/
Obligations Not Affected. The Guarantor agrees that its obligations hereunder are absolute and unconditional, and without limiting the generality of each Guarantor hereunder the foregoing, shall not be affected, impaired affected or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any the Guarantor or any of the HoldersSellers or their Affiliates) which, but for this provision, might constitute a whole or partial defense to a claim against any the Guarantor hereunder or might operate to release or otherwise exonerate any the Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders Sellers or their Affiliates or otherwise, including, without limitation, by:
Appears in 3 contracts
Samples: Guaranty (Fintech Telecom, LLC), Guaranty (Telecom Italia S P A), Guaranty (Telecom Italia S P A)
Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any a Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any a Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:
Appears in 2 contracts
Samples: Indenture (Oci Holdings Inc), Indenture (Oci Holdings Inc)
Obligations Not Affected. The obligations Obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder under its Guarantee or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder Obligations or otherwise affect such obligationsObligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:
Appears in 2 contracts
Samples: Indenture (Southwest Royalties Holdings Inc), Indenture (Southwest Royalties Inc)
Obligations Not Affected. The obligations of each Guarantor hereunder under this Indenture shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder under this Indenture (and whether or not known or consented to by any Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder under this Indenture or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder under this Indenture or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:
Appears in 2 contracts
Samples: First Supplemental Indenture (GMX Resources Inc), Indenture (GMX Resources Inc)
Obligations Not Affected. The obligations of each the Guarantor hereunder shall not be affected, affected or impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor the Guarantor, the Secured Party or any of the Holders) which, but for this provision, might constitute a whole or partial defense defence to a claim against any the Guarantor hereunder or might operate to release or otherwise exonerate any the Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:
Appears in 2 contracts
Samples: And Pledge Agreement (Seven Seas Petroleum Inc), And Pledge Agreement (Seven Seas Petroleum Inc)
Obligations Not Affected. The obligations of each ------------------------ Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any such Guarantor or any of the HoldersHolders and the Trustee) which, but for this provision, might constitute a whole or partial defense to a claim against any each Guarantor hereunder or might operate to release or otherwise exonerate any such Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders and the Trustee or otherwise, including, without limitation:
Appears in 2 contracts
Samples: Sola International Inc, Manitowoc Co Inc
Obligations Not Affected. The Except as otherwise provided in Sections 17.02 and 17.04, the obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:
Appears in 1 contract
Samples: Altra Holdings, Inc.
Obligations Not Affected. The obligations Guarantor Obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations Guarantor Obligations hereunder or otherwise affect such obligationsGuarantor Obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:: -50-
Appears in 1 contract
Samples: Indenture (Heritage Property Investment Limited Partnership)
Obligations Not Affected. The Except as otherwise provided in this Indenture, the obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:
Appears in 1 contract
Samples: Philipp Brothers Chemicals Inc
Obligations Not Affected. The Except as otherwise provided, the obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:
Appears in 1 contract
Samples: Master Issuing and Paying Agency Agreement (Lennar Corp /New/)
Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such 126 obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:.
Appears in 1 contract
Samples: Indenture (Doe Run Resources Corp)
Obligations Not Affected. The Except as otherwise provided in this Indenture, the obligations of each the Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any the Guarantor or any of the HoldersGuaranteed Parties) which, but for this provision, might constitute a whole or partial defense to a claim against any the Guarantor hereunder or might operate to release or otherwise exonerate any the Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders Guaranteed Parties or otherwise, including, without limitation:
Appears in 1 contract
Obligations Not Affected. The obligations of each Guarantor hereunder and under its Guaran tee shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder and under its Guarantee or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder and under its Guarantee or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:
Appears in 1 contract
Samples: Unilab Corp /De/
Obligations Not Affected. The Without limiting the generality of Section 7.1, the obligations of each the Guarantor hereunder shall not be affected, affected or impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the HoldersGuarantor, the Lender) which, but for this provision, might constitute a whole or partial defense defence to a claim against any the Guarantor hereunder or might operate to release or otherwise exonerate any the Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders Lender or otherwise, including, without limitation:
Appears in 1 contract
Samples: Limited Recourse Guarantee and Pledge Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)
Obligations Not Affected. The obligations of each the Guarantor hereunder shall not be affected, affected or impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any the Guarantor or any of the HoldersAgent or the Banks) which, but for this provision, might constitute a whole or partial defense defence to a claim against any the Guarantor hereunder or might operate to release or otherwise exonerate any the Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders Bank or otherwise, including, without limitation:
Appears in 1 contract
Samples: Security Agreement (Quantum Fuel Systems Technologies Worldwide Inc)
Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:: 105
Appears in 1 contract
Samples: RPP Capital Corp
Obligations Not Affected. The obligations of each Guarantor hereunder shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the Holders) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders or otherwise, including, without limitation:: 105 -98-
Appears in 1 contract
Samples: Young America Holdings Inc
Obligations Not Affected. The obligations of each Guarantor hereunder hereunder, to the fullest extent permitted by law, shall not be affected, impaired or diminished in any way by any act, omission, matter or thing whatsoever, occurring before, upon or after any demand for payment hereunder (and whether or not known or consented to by any Guarantor or any of the HoldersGuaranteed Parties) which, but for this provision, might constitute a whole or partial defense to a claim against any Guarantor hereunder or might operate to release or otherwise exonerate any Guarantor from any of its obligations hereunder or otherwise affect such obligations, whether occasioned by default of any of the Holders Guaranteed Parties or otherwise, including, without limitation:
Appears in 1 contract
Samples: Paging Network Do Brazil Sa