Common use of Obligations Not Waived Clause in Contracts

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower of any of the Senior Obligations, and also waives notice of acceptance of its guarantee under this Agreement and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of either Senior Collateral Agent or any other Senior Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Subsidiary Guarantor under the provisions of the Senior Credit Agreement, any other Senior Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Senior Loan Document, any guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement or (c) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Senior Collateral Agents or any other Senior Secured Party.

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower of any of the Senior Obligations, and also waives notice of acceptance of its guarantee under this Agreement and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of either Senior the Collateral Agent or any other Senior Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Subsidiary Guarantor under the provisions of the Senior Credit Agreement, any other Senior Loan Document or otherwise, (b) any extension, renewal or increase of or in any of the Obligations, (c) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Senior Loan Document, any guarantee Guarantee or any other agreementagreement or instrument, including with respect to any other Subsidiary Guarantor under this Agreement or Agreement, (cd) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Senior Collateral Agents Agent or any other Senior Secured PartyParty or (e) the failure or delay of any Secured Party to exercise any right or remedy against any other guarantor of the Obligations.

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower of any of the Senior Second Priority Debt Obligations, and also waives notice of acceptance of its guarantee under this Agreement and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of either Senior the Second Priority Collateral Agent Trustee or any other Senior Secured Second Priority Debt Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Subsidiary Guarantor under the provisions of the Senior Credit Agreement, any other Senior Loan Document Second Priority Debt Documents or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Senior Loan Second Priority Debt Document, any guarantee Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement or (c) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Senior Second Priority Collateral Agents Trustee or any other Senior Secured Second Priority Debt Party.

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower of any of the Senior Obligations, and also waives notice of acceptance of its guarantee under this Agreement and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of either Senior the Collateral Agent or any other Senior Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Subsidiary Guarantor under the provisions of the Senior Credit Agreement, any other Senior Loan Document or otherwise, (b) any extension, renewal or increase of or in any of the Obligations, (c) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of any Loan Document (other than this Agreement), any other Senior Loan Document, any guarantee Guarantee or any other agreementagreement or instrument, including with respect to any other Subsidiary Guarantor under this Agreement or Agreement, (cd) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Senior Collateral Agents Agent or any other Senior Secured PartyParty or (e) the failure or delay of any Secured Party to exercise any right or remedy against any other guarantor of the Obligations.

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower of any of the Senior Second Priority Debt Obligations, and also waives notice of acceptance of its guarantee under this Agreement and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of either Senior the Second Priority Collateral Agent Trustee or any other Senior Secured Second Priority Debt Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Subsidiary Guarantor under the provisions of the Senior Credit Agreement, any other Senior Loan Document Second Priority Debt Documents or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Senior Loan Second Priority Debt Document, any guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement or (c) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Senior Second Priority Collateral Agents Trustee or any other Senior Secured Second Priority Debt Party.

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower Borrowers of any of the Senior Obligations, and also waives notice of acceptance of its guarantee under this Agreement and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of either Senior the Collateral Agent or any other Senior Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Terex, any Subsidiary Borrower or any other Subsidiary Guarantor under the provisions of the Senior Credit Agreement, any other Senior Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Senior Loan Document, any guarantee Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement or, with respect to Terex, under the Terex Guarantee Agreement or (c) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Senior Collateral Agents Agent or any other Senior Secured Party.

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower of any of the Senior Obligations, and also waives notice of acceptance of its guarantee under this Agreement and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of either the Senior Collateral Agent or any other Senior Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Subsidiary Guarantor under the provisions of the Senior Credit AgreementFacility, any other Senior Loan Debt Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Senior Loan Debt Document, any guarantee Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement or (c) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Senior Collateral Agents Agent or any other Senior Secured Party.

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower of any of the Senior Obligations, and also waives notice of acceptance of its guarantee under this Agreement and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of either the Senior Collateral Agent or any other Senior Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Subsidiary Guarantor under the provisions of the Senior Credit AgreementFacility, any other Senior Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Senior Loan Document, any guarantee Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement or (c) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Senior Collateral Agents Agent or any other Senior Secured Party.

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower Borrowers of any of the Senior Obligations, and also waives notice of acceptance of its guarantee under this Agreement and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of either Senior the U.S. Collateral Agent or any other Senior Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower Borrowers or any other Subsidiary Guarantor under the provisions of the Senior Credit Agreement, any other Senior Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Senior Loan Document, any guarantee Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement or Agreement, (c) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Senior U.S. Collateral Agents Agent or any other Senior Secured Party, or (d) any other defenses that might otherwise be available to a surety or a guarantor (other than the indefeasible payment in full in cash of the Obligations).

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to the Borrower of any of the Senior Obligations, and also waives notice of acceptance of its guarantee under this Agreement and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of either the Senior Collateral Agent or any other Senior Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against the Borrower or any other Subsidiary Guarantor under the provisions of the Senior Credit Agreement, any other Senior Loan Debt Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of of, this Agreement, any other Senior Loan Credit Document, any guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement or (c) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Senior Collateral Agents Agent or any other Senior Secured Party.

Obligations Not Waived. To the fullest extent permitted by applicable law, each Subsidiary Guarantor waives presentment to, demand of payment from and protest to each of the Borrower Borrowers of any of the Senior Obligations, and also waives notice of acceptance of its guarantee under this Agreement and notice of protest for nonpayment. To the fullest extent permitted by applicable law, the obligations of each Subsidiary Guarantor hereunder shall not be affected by (a) the failure of either Senior the Administrative Agent, the Collateral Agent or any other Senior Secured Party to assert any claim or demand or to enforce or exercise any right or remedy against any of the Borrower Borrowers or any other Subsidiary Guarantor under the provisions of the Senior Credit Agreement, any other Senior Loan Document or otherwise, (b) any rescission, waiver, amendment or modification of, or any release from any of the terms or provisions of this Agreement, any other Senior Loan Document, any guarantee Guarantee or any other agreement, including with respect to any other Subsidiary Guarantor under this Agreement Agreement, or (c) the failure to perfect any security interest in, or the release of, any of the security held by or on behalf of the Senior Collateral Agents Agent or any other Senior Secured Party.