Other Defenses. Guarantor irrevocably waives any other defenses (other than the defense of payment), set-offs or counterclaims (except for compulsory counterclaims) which may be available to Borrower, or any other Guarantor, and any and all other defenses now or at any time hereafter available to Guarantor (including without limitation those given to sureties) at law or in equity, including but not limited to any defenses based upon:
Other Defenses. Any defense or benefits that may be derived from or afforded by laws which limit the liability of or exonerate guarantors or sureties, or which may conflict with the terms of this Guaranty.
Other Defenses. Any defense that may arise by reason of (i) the incapacity, lack of authority, death or disability of Borrower or any other Person; (ii) the revocation or repudiation of any of the Credit Agreement or the Notes by Borrower or any other Person; (iii) the unenforceability in whole or in part of the Credit Agreement or the Notes or any other instrument, document or agreement; (iv) the failure of any Holder of Guaranteed Obligations to file or enforce a claim against any Person liable for any of the Guaranteed Obligations or in any Liquidation or Insolvency Proceeding; or (v) any borrowing or grant of a security interest under Section 364 of the Bankruptcy Code;
Other Defenses. Any other circumstance which otherwise might constitute a defense to, or a discharge of, Pledgor with respect to Borrower's Obligations and/or Pledgor's Obligations.
Other Defenses. Defendants deny each and every one of the Claims that are asserted, that will be asserted in the Second Amended Complaint, or could be asserted by the Plaintiffs in the Actions; including but not limited to misclassification; entitlement to employment wages, benefits or penalties, or other compensation, and any claims of joint employer liability. Defendants’ decision to enter into this Agreement and to conditionally consent to class treatment of Plaintiffs’ claims is not and shall not be construed as any form of admission of liability. Rather, all liability is expressly, generally and specifically denied by each and every one of the Defendants. Notwithstanding the foregoing and the differing views on the merits of the Plaintiffs’ Claims, and in measured consideration of the forgoing and as a consequence of the negotiations between Class Counsel and Defendants’ Counsel; and the extensive investigations, analysis and discovery, the Parties agree to settle the Actions under the terms and conditions memorialized in this Agreement; believing such Settlement to be fair, reasonable, adequate, and in the best interests of the Class Members and Defendants. Thus, in consideration of the foregoing and of the promises and mutual covenants contained herein, and other good and valuable consideration, the adequacy of which is acknowledged, it is hereby agreed by and among the Parties as follows:
Other Defenses. Any other circumstance which otherwise might constitute a defense to, or a discharge of, the Pledgor with respect to the Obligations.
Other Defenses. Any other circumstance which might otherwise constitute a defense available to, or a discharge of, the Obligor or a third-party Obligor of a security interest.
Other Defenses. Grantor irrevocably waives any other defenses, set-offs or counterclaims which may be available to Borrower or any other Obligor, and any and all other defenses now or at any time hereafter available to Grantor (including without limitation those given to sureties) at law or in equity.
Other Defenses. ALL OTHER DEFENSES UNDER APPLICABLE LAW THAT WOULD, BUT FOR THIS CLAUSE (f), BE AVAILABLE TO THE GUARANTOR AS A DEFENSE AGAINST OR A REDUCTION OR LIMITATION OF ITS OBLIGATIONS UNDER THIS AGREEMENT.
Other Defenses. Any defense which arises out of any of the actions, circumstances or events described in Section 9.28(C)(iv) hereof; and
