Offset Claims. The Guaranteed Debt shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense (except for the defense of complete and final payment of the Guaranteed Debt) of Borrower or any other party against Agent or Lenders or against payment of the Guaranteed Debt, whether such offset, claim, or defense arises in connection with the Guaranteed Debt or otherwise. Such claims and defenses include, without limitation, failure of consideration, breach of warranty, fraud, statute of frauds, bankruptcy, infancy, statute of limitations, lender liability, accord and satisfaction, and usury.
Appears in 19 contracts
Samples: Guaranty (Nci Building Systems Inc), Guaranty (Nci Building Systems Inc), Guaranty (Nci Building Systems Inc)
Offset Claims. The Guaranteed Debt Obligation shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense (except for the defense of complete and final payment Payment in Full of the Guaranteed DebtObligation) of any Borrower or any other party against Agent or Lenders Lender or against payment of the Guaranteed DebtObligation, whether such offset, claim, or defense arises in connection with the Guaranteed Debt Obligation or otherwise. Such claims and defenses include, without limitation, failure of consideration, breach of warranty, fraud, statute of frauds, bankruptcy, infancy, statute of limitations, lender liability, accord and satisfaction, and usury.
Appears in 2 contracts
Samples: Guaranty (Vertex Energy Inc.), Guaranty (United Heritage Corp)
Offset Claims. The Guaranteed Debt Obligation shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense (except for the defense of complete and final payment Payment in Full of the Guaranteed DebtObligation) of Borrower or any other party against Agent or Lenders Lender or against payment of the Guaranteed DebtObligation, whether such offset, claim, or defense arises in connection with the Guaranteed Debt Obligation or otherwise. Such claims and defenses include, without limitation, failure of consideration, breach of warranty, fraud, statute of frauds, bankruptcy, infancy, statute of limitations, lender liability, accord and satisfaction, and usury.
Appears in 2 contracts
Samples: Corporate Guaranty (Vertex Energy Inc.), Guaranty (Deep Down, Inc.)
Offset Claims. The Obligations or the Guaranteed Debt Obligation shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense (except for the defense of complete and final payment Payment in Full of the Guaranteed DebtObligation) of Borrower Borrowers or any other party against Agent or Lenders the Lender or against payment of the Guaranteed DebtObligation, whether such offset, claim, or defense arises in connection with the Guaranteed Debt Obligation or otherwise. Such claims and defenses include, without limitation, failure of consideration, breach of warranty, fraud, statute of frauds, bankruptcy, infancy, statute of limitations, lender liability, accord and satisfaction, and usury.
Appears in 1 contract
Samples: Guaranty (Stratum Holdings, Inc.)
Offset Claims. The Guaranteed Debt Obligation shall not be reduced, discharged or released because or by reason of any existing or future offset, claim or defense (except for the defense of complete and final payment Payment in Full of the Guaranteed DebtObligation) of Borrower Gulf or any other party against the Administrative Agent or Lenders the Investors or against payment of the Guaranteed DebtObligation, whether such offset, claim, or defense arises in connection with the Guaranteed Debt Obligation or otherwise. Such claims and defenses include, without limitation, failure of consideration, breach of warranty, fraud, statute of frauds, bankruptcy, infancy, statute of limitations, lender liability, accord and satisfaction, and usury.
Appears in 1 contract
Samples: Guaranty (Gulf United Energy, Inc.)