Preservation of Guarantor’s Liability. 4.1 This Guarantee and Indemnity is a continuing security for the full amount of the Indebtedness from time to time until the expiry of the Facility Period.
4.2 The Lender may without the Guarantor’s consent and without notice to the Guarantor and without in any way releasing or reducing the Guarantor’s Liabilities:
4.2.1 amend, vary, novate, or replace any of the Finance Documents (other than this Guarantee and Indemnity); and/or
4.2.2 agree with the Borrower to increase or reduce the amount of the Loan, or vary the terms and conditions for its repayment or prepayment (including, without limitation, the rate and/or method of calculation of interest payable on the Loan); and/or
4.2.3 allow any time or other indulgence to any of the other Security Parties under or in connection with any of the Finance Documents; and/or
4.2.4 renew, vary, release or refrain from enforcing any of the Finance Documents (other than this Guarantee and Indemnity); and/or
4.2.5 compound with any of the other Security Parties; and/or
4.2.6 enter into, renew, vary or terminate any other agreement or arrangement with any of the other Security Parties; and/or
4.2.7 do or omit or neglect to do anything which might, but for this provision, operate to release or reduce the liability of the Guarantor under this Guarantee and Indemnity.
4.3 The Guarantor’s Liabilities shall not be affected by:
4.3.1 the absence of, or any defective, excessive or irregular exercise of, any of the powers of any of the other Security Parties; nor
4.3.2 any security given or payment made to the Lender by any of the other Security Parties being avoided or reduced under any law (whether English or foreign) relating to bankruptcy or insolvency or analogous circumstance in force from time to time; nor
4.3.3 any change in the constitution of the Guarantor or of any of the other Security Parties or of the Lender or the absorption of or amalgamation by the Lender in or with any other entity or the acquisition of all or any part of the assets or undertaking of the Lender by any other entity; nor
4.3.4 the liquidation, administration, receivership, bankruptcy or insolvency of the Guarantor or any of the other Security Parties; nor
4.3.5 any of the Finance Documents (other than this Guarantee and Indemnity) being defective, void or unenforceable, or the failure of any other person to provide the Lender with any security, guarantee or indemnity envisaged by the Facility Agreement; nor
4.3.6 any composition, assignment or...
Preservation of Guarantor’s Liability. 7.3.1 The Banks may without either Guarantor's consent and without notice to either Guarantor and without in any way releasing or reducing the Guarantors' Liabilities:-
(a) amend, novate, supplement or replace all or any of the Borrower's Security Documents;
(b) increase or reduce the amount of the Facility or vary the terms and conditions for its repayment or prepayment (including, without limitation, the rate and/or method of calculation of interest payable on the Facility);
(c) allow to the Borrower or to any other person any time or other indulgence;
(d) renew, vary, release or refrain from enforcing any of the Borrower's Security Documents or any other security, guarantee or indemnity which the Agent may now or in the future hold from the Borrower or from any other person;
(e) compound with the Borrower or any other person;
(f) enter into, renew, vary or terminate any other agreement or arrangement with the Borrower or any other person; or
(g) make any concession to the Borrower or do or omit or neglect to do anything which might, but for this provision, operate to release or reduce the liability of either Guarantor under the Guarantee.
7.3.2 The liability of the Guarantors under the Guarantee shall not be affected by:-
(a) the absence of or any defective, excessive or irregular exercise of any of the powers of the Borrower or of any Surety;
(b) any security given or payment made to the Finance Parties or any of them by the Borrower or any other person being avoided or reduced under any law (whether English or foreign) relating to bankruptcy or insolvency or analogous circumstance in force from time to time;
(c) the liquidation, administration, receivership or insolvency of either Guarantor;
(d) any other security, guarantee or indemnity now or in the future held by the Finance Parties or any of them being defective, void or unenforceable, or the failure of the any Finance Party to take any security, guarantee or indemnity;
(e) any compromise or arrangement under Part I or Part VII of the Insolvency Xxx 0000 or section 425 of the Companies Xxx 0000 (or any statutory modification or re-enactment of either of them for the time being in force) or under any analogous provision of any foreign law;
(f) the novation of any of the Borrower's Obligations;
(g) anything which would not have released or reduced the liability of the Guarantors to the Finance Parties had the liability of the Guarantors under Clause 7.1.1 been as principal debtors of the Finance Par...
Preservation of Guarantor’s Liability. The Guarantor’s liability is not prejudiced or affected by anything that might otherwise have that effect, including, but without limitation, any of the following:
(1) by our granting time or other concession to or making any composition with the Hirer or any Guarantor; or
(2) by the Hirer or any Guarantor, being a body corporate, being wound up or by proceedings being commenced for its liquidation or if an administrator or a receiver or receiver and manager is appointed in respect of any of its assets or undertaking or if a provisional liquidator is appointed in respect of it; or
(3) by our obtaining any further or other covenant or security or guarantee in respect of the Hirer’s obligations from any other person; or
(4) by our forbearing or neglecting to exercise any remedy or right we have for the enforcement of the Hirer’s obligations;
(5) by the absence of any notice to the Guarantor of default by the Hirer or by any other Guarantor; or
(6) by any Guarantor (being a natural person) becoming bankrupt or entering into any composition or arrangement with his or her creditors or assigning his or her estate or any part of it for the benefit of creditors or becoming of unsound mind or dying; or
(7) any change in the membership of any partnership or firm of which the Hirer or the Guarantor is a member; or
(8) our assignment of our interest in the Hiring Agreement and this Guarantee to any person without the Guarantor’s consent or knowledge.
Preservation of Guarantor’s Liability. 56.1 The guarantor's liability is not prejudiced or affected by anything that might otherwise have that effect, including, but without limitation, any of the following:
(a) by our granting time or other concession to or making any composition with the borrower or any guarantor; or
(b) the borrower or the guarantor; becoming insolvent; or
(c) by our obtaining any further or other covenant or security interest or guarantee in respect of the grantor's obligations from any other person; or
(d) by our forbearing or neglecting to exercise any remedy or right we have for the enforcement of the grantor's obligations; or
(e) by the absence of any notice to the guarantor of default by the borrower or by any other guarantor; or
(f) by any guarantor (being a natural person) entering into any composition or arrangement with its creditors or assigning its estate or any part of it for the benefit of creditors; or
(g) any change in the membership of any partnership or firm of which the borrower or the guarantor is a member; or
(h) our assignment of our interest in the specific security agreement and this guarantee to any person without the guarantor's consent or knowledge.
Preservation of Guarantor’s Liability. 31.1 The Guarantor’s liability is not prejudiced or affected by anything that might otherwise have that effect, including, but without limitation, any of the following:
34.1 This Guarantee and all other guarantees or indemnities given to us in respect of the obligations of the Borrower under the Agreement are to be read together as if they were one and the same document.
34.2 The obligations of each Guarantor are joint and separate with by our granting time or other concession to or making any composition with the Borrower or any Guarantor; or an Insolvency Event occurring in respect of the Borrower or the Guarantor; or
Preservation of Guarantor’s Liability. (1) As a separate collateral undertaking the Guarantor indemnifies us from and against any liability, loss, or damage, including legal costs on a full indemnity The Guarantor’s liability is not prejudiced or affected by anything that might otherwise have that effect, including, but without limitation, any of the following: basis that we incur by reason of:
(1) by our granting time or other concession to or making any composition with
Preservation of Guarantor’s Liability. The guarantor's liability is not prejudiced or affected by anything that might otherwise have that effect, including, but without limitation, any of the following:
Preservation of Guarantor’s Liability. The Finance Parties may without the consent of the Guarantor and without notice to the Guarantor and without in any way releasing or reducing the liabilities and obligations of the Guarantor under this Guarantee:
(a) agree with the Borrowers to amend, novate, supplement or replace all or any of the Finance Documents to which the Guarantor is not a party;
(b) agree with the Borrowers to increase or reduce the amount of the Facility or vary the terms and conditions for its repayment or reduction (including, without limitation, the rate and/or method of calculation of interest);
(c) allow to the Borrowers or to any other person any time or other indulgence;
(d) renew, release or refrain from enforcing any of the Finance Documents or any other security, guarantee or indemnity which any of the Finance Parties may now or in the future hold from the Borrowers or from any other person;
(e) compound with the Borrowers or any other person;
(f) enter into, renew, vary or terminate any other agreement or arrangement with the Borrowers with their agreement or with any other person; or
(g) make any concession to the Borrowers or do or omit or neglect to do anything which might, but for this provision, operate to release or reduce the liability of the Guarantor under this Guarantee.
Preservation of Guarantor’s Liability. The Agent may without the prior written consent of any of the Guarantors and without notice to any of the Guarantors:
Preservation of Guarantor’s Liability. The Banks may without the Guarantor’s consent and without notice to the Guarantor and without in any way releasing or reducing the Guarantor’s Liabilities:-
