Common use of Protective Clauses Clause in Contracts

Protective Clauses. Without limiting Clause 3.1, neither the liability of the Guarantor nor the validity or enforceability of this Deed shall be prejudiced, affected or discharged by:- (a) the granting of any time or indulgence to any Security Party or any other person in respect of the Guaranteed Obligations; (b) any variation or modification of the Facility Agreement, any of the other Finance Documents or any other document referred to therein or related thereto; (c) the invalidity or unenforceability of any obligation or liability of any party under the Facility Agreement or any of the other Finance Documents or any other documents referred to therein or related thereto; (d) any invalidity or irregularity in the execution of the Facility Agreement or any of the other Finance Documents or any other documents referred to therein or related thereto; (e) any lack of capacity or deficiency in the powers of any Security Party (other than the Guarantor) or any other person to enter into or perform any of its obligations under the Facility Agreement or any of the other Finance Documents to which it is party or any other documents referred to therein or related thereto or any irregularity in the exercise thereof or any lack of authority by any person _______________________________________________________________________________ [Guarantee and Indemnity] purporting to act on behalf of any Security Party (other than the Guarantor) or such other person; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation of any Security Party (other than the Guarantor) or any other person or any change in the constitution or status of any Security Party or any other person; (g) the Facility Agreement or any other Finance Document, Security Interest, guarantee or other security or right or remedy being or becoming held by or available to any Finance Party or by any other person or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Finance Party at any time releasing, refraining from enforcing, varying or in any other way dealing with any of the same or any power, right or remedy any Finance Party may now or hereafter have from or against any Security Party or any other person; (h) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against any Security Party or any other person or any compromise, arrangement or settlement with any of the same; or (i) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Deed or the liability of the Guarantor hereunder.

Protective Clauses. Without limiting Clause 3.117.1, neither the liability of the Guarantor any Mortgagor nor the validity or enforceability of this Deed shall be prejudiced, affected or discharged by:-by: (a) the granting of any time or indulgence to any Security Party or any other person in respect of the Guaranteed Obligations; (b) any variation or modification of the Facility Agreement, any of the other Finance Documents or any other document referred to therein or related thereto; (c) the invalidity or unenforceability of any obligation or liability of any party under the Facility Agreement or any of the other Finance Documents or any other documents referred to therein or related thereto; (d) any invalidity or irregularity in the execution of the Facility Agreement or any of the other Finance Documents or any other documents referred to therein or related thereto; (e) any lack of capacity or deficiency in the powers of any Security Party (other than the Guarantor) or any other person to enter into or perform any of its obligations under the Facility Agreement or any of the other Finance Documents to which it is party or any other documents referred to therein or related thereto or any irregularity in the exercise thereof or any lack of authority by any person _______________________________________________________________________________ [Guarantee and Indemnity] purporting to act on behalf of any Security Party (other than the Guarantor) or such other person; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation of any Security Party (other than the Guarantor) or any other person or any change in the constitution or status of any Security Party or any other person; (g) the Facility Agreement or any other Finance Document, Security InterestEncumbrance, guarantee or other security or right or remedy being or becoming held by or available to any Finance Party or by any other person or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Finance Party at any time releasing, refraining from enforcing, varying or in any other way dealing with any of the same or any power, right or remedy any Finance Party may now or hereafter have from or against any Security Party Mortgagor or the Borrower or the Company or any other person or the granting of any time or indulgence to any Mortgagor or the Borrower or the Company or any other person; (hb) any variation or modification of any Finance Document or any other document referred to therein; (c) the invalidity or unenforceability of any obligation or liability of the Borrower or any Mortgagor or the Company under any Finance Document to which it is a party; (d) the death, bankruptcy, insolvency or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Borrower or any Mortgagor or the Company; (e) any invalidity or irregularity in the execution of this Deed or any of the other Finance Documents or any deficiency in the powers of any Mortgagor or the Borrower or the Company to enter into or perform any of its obligations hereunder or under any of the other Finance Documents to which it is a party or any irregularity in the exercise thereof or any lack of authority by any person purporting to act on behalf of any Mortgagor or the Borrower or the Company; (f) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against any Security Party Mortgagor or the Borrower or the Company or any other person or any compromise, arrangement or settlement with any of the same; or; (ig) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Deed or the liability of any Mortgagor or the Guarantor Borrower or the Company hereunder.

Protective Clauses. Without limiting Clause 3.1Section 2.5, neither the liability of either of the Guarantor Guarantors nor the validity or enforceability of this Deed Guarantee shall be prejudiced, affected or discharged by:-by: (a) the granting of any time or indulgence to any Security Party the Company or any other person in respect of the Guaranteed Obligationsperson; (b) any variation or modification of the Facility this Agreement, any of the other Finance Documents Series B-1 Notes, the Warrants or any other document referred to herein or therein or related thereto; (c) the invalidity or unenforceability of any obligation or liability of any party under this Agreement, the Facility Agreement or any of Series B-1 Notes, the other Finance Documents Warrants or any other documents referred to herein or therein or related thereto; (d) any invalidity or irregularity in the execution of this Agreement, the Facility Agreement or any of Series B-1 Notes, the other Finance Documents Warrants or any other documents referred to herein or therein or related thereto; (e) any lack of capacity or deficiency in the powers of the Company, any Security Party (other than the Guarantor) Guarantor or any other person to enter into or perform any of its obligations under this Agreement, the Facility Agreement or any of Series B-1 Notes, the other Finance Documents to which it is party Warrants or any other documents referred to herein or therein or related thereto or any irregularity in the exercise thereof or any lack of authority by any person _______________________________________________________________________________ [Guarantee and Indemnity] purporting to act on behalf of any Security Party (other than the Guarantor) Company, the Guarantors or such other person; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation of any Security Party (other than the Guarantor) or any other person or any change in the constitution or status of any Security Party the Company or either or both of the Guarantors or any other person; (g) the Facility Agreement or any other Finance Documentsecurity document, Security Interestsecurity interest, guarantee or other security or right or remedy being or becoming held by or available to any Finance Party Purchaser or by any other person or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Finance Party Purchaser at any time releasing, refraining from enforcing, varying or in any other way dealing with any of the same or any power, right or remedy any Finance Party Purchaser may now or hereafter have from or against any Security Party the Company or any other person; (h) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against any Security Party the Company or any other person or any compromise, arrangement or settlement with any of the same; or (i) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Deed Guarantee or the liability of the Guarantor Guarantors hereunder.

Protective Clauses. Without limiting Clause 3.1Section 1.4(e), neither the ------------------- liability of either of the Guarantor Guarantors nor the validity or enforceability of this Deed Guarantee shall be prejudiced, affected or discharged by:-by: (ai) the granting of any time or indulgence to any Security Party the Borrower or any other person in respect of the Guaranteed Obligationsperson; (bii) any variation or modification of the Facility this Agreement, any of the other Finance Documents Notes or the Debenture or any other document referred to herein or therein or related thereto; (ciii) the invalidity or unenforceability of any obligation or liability of any party under this Agreement, the Facility Agreement Notes or any of the other Finance Documents Debenture or any other documents referred to herein or therein or related thereto; (div) any invalidity or irregularity in the execution of this Agreement, the Facility Agreement Notes or any of the other Finance Documents Debenture or any other documents referred to herein or therein or related thereto; (ev) any lack of capacity or deficiency in the powers of the Borrower, any Security Party (other than the Guarantor) Guarantor or any other person to enter into or perform any of its obligations under this Agreement, the Facility Agreement Notes or any of the other Finance Documents to which it is party Debenture or any other documents referred to herein or therein or related thereto or any irregularity in the exercise thereof or any lack of authority by any person _______________________________________________________________________________ [Guarantee and Indemnity] purporting to act on behalf of any Security Party (other than the Guarantor) Borrower, the Guarantors or such other person; (fvi) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation of any Security Party (other than the Guarantor) or any other person or any change in the constitution or status of any Security Party the Borrower or either or both of the Guarantors or any other person; (gvii) the Facility Agreement or any other Finance Documentsecurity document, Security Interestsecurity interest, guarantee or other security or right or remedy being or becoming held by or available to any Finance Party Lender or by any other person or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Finance Party Lender at any time releasing, refraining from enforcing, varying or in any other way dealing with any of the same or any power, right or remedy any Finance Party Lender may now or hereafter have from or against any Security Party the Borrower or any other person; (hviii) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against any Security Party the Borrower or any other person or any compromise, arrangement or settlement with any of the same; or (iix) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Deed Guarantee or the liability of the Guarantor Guarantors hereunder.

Protective Clauses. Without limiting Clause 3.117.01, neither the liability of the Guarantor Junior Creditors or the Borrower nor the validity or enforceability of this Deed shall be prejudiced, affected or discharged by:-by: (a) the granting of any time or indulgence to any Security Party the Borrower or any other person in respect of the Guaranteed Obligationsperson; (b) any variation or modification of any document evidencing or securing the Facility Agreement, any of the other Finance Documents or any other document referred to therein or related theretoSenior Indebtedness; (c) the invalidity or unenforceability of any obligation or liability of the Borrower under any party under document evidencing or securing the Facility Agreement or any of the other Finance Documents or any other documents referred Senior Indebtedness to therein or related theretowhich it is a party; (d) any invalidity or irregularity in the execution of any document evidencing or securing the Facility Agreement or any of the other Finance Documents or any other documents referred to therein or related theretoSenior Indebtedness; (e) any lack of capacity or deficiency in the powers of any Security Party (other than the Guarantor) or any other person Borrower to enter into or perform any of its obligations under any document evidencing or securing the Facility Agreement or any of the other Finance Documents Senior Indebtedness to which it is party or any other documents referred to therein or related thereto or any irregularity in the exercise thereof or any lack of authority by any person _______________________________________________________________________________ [Guarantee and Indemnity] purporting to act on behalf of any Security Party (other than the Guarantor) or such other personBorrower; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation of any Security Party (other than the Guarantor) or any other person or any change in the constitution or status of any Security Party the Borrower or any other personof the Junior Creditors; (g) the Facility Agreement or any other Finance Documentdocument evidencing security, Security InterestCharge, guarantee or other security or right or remedy being or becoming held by or available to any Finance Party or by any other person Senior Creditor or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired impaired, or by any Finance Party Senior Creditor at any time releasing, refraining from enforcing, varying or in any other way dealing with any of the same or any power, right or remedy any Finance Party such Senior Creditor may now or hereafter have from or against any Security Party the Borrower or any other person; (h) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against any Security Party the Borrower or any other person or any compromise, arrangement or settlement with any of the same; orand (i) any act, omission, event or circumstance which would or may may, but for this provision provision, operate to prejudice, affect or discharge this Deed or the liability of the Guarantor Junior Creditors or the Borrower hereunder.

Protective Clauses. Without limiting Clause 3.115.1, neither the liability of the Guarantor nor the validity or enforceability of this Deed shall be prejudiced, affected or discharged by:-by: (a) the granting of any time or indulgence to any Security Party or any other person in respect of the Guaranteed Obligations; (b) any variation or modification of the Facility Agreement, any of the other Finance Documents or any other document referred to therein or related thereto; (c) the invalidity or unenforceability of any obligation or liability of any party under the Facility Agreement or any of the other Finance Documents or any other documents referred to therein or related thereto; (d) any invalidity or irregularity in the execution of the Facility Agreement or any of the other Finance Documents or any other documents referred to therein or related thereto; (e) any lack of capacity or deficiency in the powers of any Security Party (other than the Guarantor) or any other person to enter into or perform any of its obligations under the Facility Agreement or any of the other Finance Documents to which it is party or any other documents referred to therein or related thereto or any irregularity in the exercise thereof or any lack of authority by any person _______________________________________________________________________________ [Guarantee and Indemnity] purporting to act on behalf of any Security Party (other than the Guarantor) or such other person; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation of any Security Party (other than the Guarantor) or any other person or any change in the constitution or status of any Security Party or any other person; (g) the Facility Agreement or any other Finance Document, Security InterestEncumbrance, guarantee or other security or right or remedy being or becoming held by or available to any Finance Party or by any other person or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Finance Party at any time releasing, refraining from enforcing, varying or in any other way dealing with any of the same or any power, right or remedy any Finance Party may now or hereafter have from or against the Guarantor or the Borrower or any Security Party other person or the granting of any time or indulgence to the Guarantor or the Borrower or any other person; (hb) any variation or modification of any Finance Document or any other document referred to therein; (c) the invalidity or unenforceability of any obligation or liability of the Borrower or the Guarantor under any Finance Document to which it is a party; (d) the insolvency or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Borrower or the Guarantor; (e) any invalidity or irregularity in the execution of this Deed or any of the other Finance Documents or any deficiency in the powers of the Guarantor or the Borrower to enter into or perform any of its obligations hereunder or under any of the other Finance Documents to which it is a party or any irregularity in the exercise thereof or any lack of authority by any person purporting to act on behalf of the Guarantor or the Borrower; (f) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against any Security Party the Guarantor or the Borrower or any other person or any compromise, arrangement or settlement with any of the same; or (ig) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Deed or the liability of the Guarantor hereunder.

Protective Clauses. Without limiting Clause 3.117.01, neither the liability of the Guarantor Sponsors, the Subordinated Lenders or the Borrower nor the validity or enforceability of this Deed shall be prejudiced, affected or discharged by:-by: (a) the granting of any time or indulgence to any Security Party the Borrower or any other person in respect of the Guaranteed Obligationsperson; (b) any variation or modification of the Facility Loan Agreement, any of the other Finance Security Documents or any other document referred to therein or related theretotherein; (c) the invalidity or unenforceability of any obligation or liability of any party the Borrower under the Facility Loan Agreement or any of the other Finance Security Documents or any other documents referred to therein or related theretowhich it is a party; (d) any invalidity or irregularity in the execution of the Facility Loan Agreement or this Deed or any of the other Finance Documents or any other documents referred to therein or related theretoSecurity Documents; (e) any lack of capacity or deficiency in the powers of any Security Party (other than the Guarantor) or any other person Borrower to enter into or perform any of its obligations under the Facility Loan Agreement or any of the other Finance Security Documents to which it is party or any other documents referred to therein or related thereto or any irregularity in the exercise thereof or any lack of authority by any person _______________________________________________________________________________ [Guarantee and Indemnity] purporting to act on behalf of any Security Party (other than the Guarantor) or such other personBorrower; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation of any Security Party (other than the Guarantor) or any other person or any change in the constitution or status of any Security Party the Borrower or any other personof the Sponsors or Subordinated Lenders; (g) the Facility Agreement or any other Finance Security Document, Security InterestCharge, guarantee or other security or right or remedy being or becoming held by or available to the Facility Agent or any Finance Party or by any other person Lender or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by the Facility Agent or any Finance Party Lender at any time releasing, refraining from enforcing, varying or in any other way dealing with any of the same or any power, right or remedy the Facility Agent or any Finance Party Lender may now or hereafter have from or against any Security Party the Borrower or any other person; (h) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against any Security Party the Borrower or any other person or any compromise, arrangement or settlement with any of the same; or; (i) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Deed or the liability of the Guarantor Sponsors and the Subordinated Lenders or the Borrower hereunder, and each of the Subordinated Lenders and Sponsors hereby consents to all acts and omissions of any Agent and the Lenders pertaining to the above.