Obligations Not Impaired. (a) Guarantor agrees that its obligations hereunder shall not be released, diminished, impaired, reduced or affected by the occurrence of any one or more of the following events: (i) the death, disability or lack of corporate power of Borrower, Guarantor (except as provided in Paragraph 10 herein) or any other ------------ guarantor of all or any part of the Guaranteed Indebtedness, (ii) any receivership, insolvency, bankruptcy or other proceedings affecting Borrower, Guarantor or any other guarantor of all or any part of the Guaranteed Indebtedness, or any of their respective property; (iii) the partial or total release or discharge of Borrower or any other guarantor of all or any part of the Guaranteed Indebtedness, or any other person or entity from the performance of any obligation contained in any instrument or agreement evidencing, governing or securing all or any part of the Guaranteed Indebtedness, whether occurring by reason of law or otherwise; (iv) the taking or accepting of any collateral for all or any part of the Guaranteed Indebtedness or this Guaranty; (v) the taking or accepting of any other guaranty for all or any part of the Guaranteed Indebtedness; (vi) any failure by Lender to acquire, perfect or continue any lien or security interest on collateral securing all or any part of the Guaranteed Indebtedness or this Guaranty; (vii) the impairment of any collateral securing all or any part of the Guaranteed Indebtedness or this Guaranty; (viii) any failure by Lender to sell any collateral securing all or any part of the Guaranteed Indebtedness or this Guaranty in a commercially reasonable manner or as otherwise required by law; (ix) any invalidity or unenforceability of or defect or deficiency in any of the Loan Documents; or (x) any other circumstance which might otherwise constitute a defense available to, or discharge of, Borrower or any other guarantor of all or any part of the Guaranteed Indebtedness.
(b) This Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment of all or any part of the Guaranteed Indebtedness is rescinded or must otherwise be returned by Lender upon the insolvency, bankruptcy or reorganization of Borrower, Guarantor, any other guarantor of all or any part of the Guaranteed Indebtedness, or otherwise, all as though such payment had not been made.
(c) In the event Borrower is a corporation, joint stock association or partnership, or is hereafter incorporated, none of t...
Obligations Not Impaired. Prior to performance and satisfaction in full of the Obligations, the liability of Guarantor under this Guaranty shall not be released or impaired without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion. Without limiting the generality of the foregoing, the liability of Guarantor shall not be released or impaired on account of any of the following events or circumstances:
(a) the voluntary or involuntary liquidation, sale or other disposition of all or substantially all of the assets of Tenant, or any receivership, insolvency, bankruptcy, reorganization or other similar proceedings affecting Tenant or any of its assets;
(b) the addition of a new guarantor or guarantors or the release of any one or more other guarantor(s);
(c) any bankruptcy or insolvency proceedings against or by Tenant, its property, or its estate or any modification, discharge or extension of the Obligations resulting from the operation of any present or future provision of the United States Bankruptcy Code or any other similar federal or state statute, or from the decision of any court, it being the intention hereof that Guarantor shall remain liable on the Obligations notwithstanding any act, omission, order, judgment or event which might, but for the provisions hereof, otherwise operate as a legal or equitable discharge of Guarantor;
(d) Xxxxxxxx’s failure to use diligence in preserving the liability of any person on the Obligations, or in bringing suit to enforce collection of the Obligations;
(e) the substitution or withdrawal of any security deposit or other collateral, or release of any security deposit or other collateral, or the exercise or failure to exercise by Landlord of any right conferred upon it herein or in the Lease or any collateral agreement;
(f) the presentment or draw down of the Letter of Credit;
(g) if Tenant is not liable for any of the Obligations because the act of creating the Obligations is ultra xxxxx, or the officers or persons creating the Obligations acted in excess of their authority, or for any reason the Obligations cannot be enforced against Tenant;
(h) any payment by Tenant to Landlord if such payment is held to constitute a preference under the bankruptcy laws, or if for any other reason Landlord is required to refund such payment to Tenant or pay the amount thereof to any other party;
(i) the existence of, or assertion by Guarantor of, any defense or set-off, counterclaim, recoupment or right of te...
Obligations Not Impaired. Nothing contained in this Article 8 shall impair, as between the Company and any holder of Senior Subordinated Obligations, the obligation of the Company to pay to such holder the principal thereof and premium, if any, and interest thereon as and when the same shall become due and payable in accordance with the terms thereof, or prevent any holder of Senior Subordinated Obligations from exercising all rights, powers and remedies otherwise permitted by applicable law or under any agreement under which such Senior Subordinated Obligations were incurred, all subject to the rights of the holders of Senior Debt to receive cash, securities or other property otherwise payable or deliverable to the holders of Senior Subordinated Obligations.
Obligations Not Impaired. No reference herein to the Fiscal Agency Agreement and no provision of this Note or of the Fiscal Agency Agreement shall alter or impair the obligation of the Issuer, subject to the Payment Restrictions, to pay the principal of and interest on this Note at the times, place and rate, and in the coin or currency, herein prescribed.
Obligations Not Impaired. No present or future holder of any Senior Debt shall be prejudiced in the right to enforce subordination of Subordinated Debt by any act or failure to act on the part of the Company. Nothing contained in this Section 10 shall impair, as between the Company and any holder of Subordinated Debt, the obligation of the Company to pay to such holder the principal thereof and the Prepayment Compensation Amount, if any, and interest thereon as and when the same shall become due and payable in accordance with the terms thereof, or prevent any holder of any Subordinated Debt from exercising all rights, powers and remedies otherwise permitted by applicable law or under this Agreement, all subject to the rights of the holders of the Senior Debt to receive cash, Securities or other Property otherwise payable or deliverable to the holders of Subordinated Debt.
Obligations Not Impaired. The Pledgor hereby waives diligence, presentment, demand, protest and notice of any kind whatsoever in respect to the Loan or the Pledged Stock, as well as any requirement that the Lender exhaust any right or remedy or take any action in connection therewith or in connection with this Agreement, or any other instrument evidencing, guaranteeing or securing the Loan. No right or remedy herein conferred upon or reserved to the Lender is intended to be exclusive of any other right or remedy, and the Lender may exercise all rights and remedies given hereunder or now or hereafter existing at law or in equity. The obligations of the Pledgor hereunder shall not be affected or impaired by reason of the happening from time to time of any of the following, although without notice to or the consent of the Pledgor:
(a) the waiver by the Lender of the performance or observance by any other person or entity with regard to the Loan;
(b) the voluntary or involuntary liquidation, dissolution, sale of all or substantially all of the assets, marshalling of assets and liabilities, receivership, conservatorship, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, arrangement, winding up, or other similar proceedings affecting the Pledgor, or any Company;
(c) the release by operation of law or any other person or entity from the performance or observance of any of the agreements, covenants, terms or conditions contained in the documents or instruments evidencing or securing the Loan.
Obligations Not Impaired. Except to the extent this Guaranty provides that (i) this Guaranty may not become due and payable or be paid, and (ii) the Holder may not commence or join in any proceeding under any Bankruptcy Law unless the holders of Senior Debt shall also join in bringing such proceeding, nothing contained in this Guaranty shall impair, as between Loral Space and the Holder, the obligation of Loral Space, which is absolute and unconditional, to pay to the Holder the principal hereof and interest hereon as and when the same shall become due and payable in accordance with the terms hereof.
Obligations Not Impaired. Nothing contained in this Promise is intended to or will impair as between the Company, its creditors, and the Holder, the obligation of the Company, which is absolute and unconditional, to pay to the Holder as and when amounts become due and payable in accordance with the terms of this Promise or affect the relative rights of the Holder and the creditors of the Company.
Obligations Not Impaired. Nothing contained in this Note is intended to or will impair as between the Company, its creditors, and the Holder, the obligation of the Company, which is absolute and unconditional, to pay to the Holder as and when amounts become due and payable in accordance with the terms of this Note or affect the relative rights of the Holder and the creditors of the Company.
Obligations Not Impaired. Assignor hereby waives diligence, presentment, demand, protest and notice of any kind whatsoever in respect of this Assignment (but not any notice of Default or Event of Default provided for in the Loan Agreements), as well as any requirement that Agent exhaust any right or remedy or take any action in connection with this Assignment or any other Loan Document. Assignor further waives all rights to have any security marshalled upon the exercise of any remedies permitted hereunder. Assignor agrees that Agent may take or release other security for the Indebtedness, release any party liable for any such Indebtedness, grant extensions, renewals or indulgences with respect to said Indebtedness, and may apply any other security therefor held by it without prejudice to any of its rights hereunder.
