Common use of Protective Clauses Clause in Contracts

Protective Clauses. Without limiting Section 2.5, neither the liability of either of the Guarantors nor the validity or enforceability of this Guarantee shall be prejudiced, affected or discharged by: (a) the granting of any time or indulgence to the Company or any other person; (b) any variation or modification of this Agreement, the Series A Notes 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 Series A Notes or any other documents referred to herein or therein or related thereto; (d) any invalidity or irregularity in the execution of this Agreement, the Series A Notes 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 Guarantor or any other person to enter into or perform any of its obligations under this Agreement, the Series A Notes 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 purporting to act on behalf of the Company, the Guarantors or such other person; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Company or either or both of the Guarantors or any other person; (g) any other security document, security interest, guarantee or other security or right or remedy being or becoming held by or available to any 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 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 Purchaser may now or hereafter have from or against the Company or any other person; (h) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against 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 Guarantee or the liability of the Guarantors hereunder.

Protective Clauses. Without limiting Section 2.5Clause 15.01, neither the liability of either of the Guarantors Borrower nor the validity or enforceability of this Guarantee Deed shall be prejudiced, affected or discharged by: (a) the granting of any time or indulgence to the Company Borrower or any other person; (b) any variation or modification of this the AES Loan Agreement, any of the Series A Notes Subordinated Security Documents or any other document referred to herein or therein or related theretotherein; (c) the invalidity or unenforceability of any obligation or liability of any party the Borrower under this Agreement, the Series A Notes AES Loan Agreement or any other documents referred of the Subordinated Security Documents to herein or therein or related theretowhich it is a party; (d) any invalidity or irregularity in the execution of this Agreement, Deed or the Series A Notes AES Loan Agreement or any of the other documents referred to herein or therein or related theretoSubordinated Security Documents; (e) any lack of capacity or deficiency in the powers of the Company, any Guarantor or any other person Borrower to enter into or perform any of its obligations hereunder or under this Agreement, the Series A Notes AES Loan Agreement or any of the other documents referred Subordinated Security Documents to herein or therein or related thereto 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 Company, the Guarantors or such other personBorrower; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Company or either or both of the Guarantors or any other person; (g) any other security documentSecurity Document, security interestCharge, guarantee or other security or right or remedy being or becoming held by or available to any Purchaser or by any other person the Junior Lender or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Purchaser the Junior 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 Purchaser the Junior Lender may now or hereafter have from or against the Company Borrower or any other person; (hg) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against the Company Borrower or any other person or any compromise, arrangement or settlement with any of the same; or (ih) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Guarantee Deed or the liability of the Guarantors Borrower hereunder.

Protective Clauses. Without limiting Section 2.5Clause 16.01, neither the liability of either of the Guarantors Borrower nor the validity or enforceability of this Guarantee Deed shall be prejudiced, affected or discharged by: (a) the granting of any time or indulgence to the Company Borrower or any other person; (b) any variation or modification of this the AES Loan Agreement, any of the Series A Notes Subordinated Security Documents or any other document referred to herein or therein or related theretotherein; (c) the invalidity or unenforceability of any obligation or liability of any party the Borrower under this Agreement, the Series A Notes AES Loan Agreement or any other documents referred of the Subordinated Security Documents to herein or therein or related theretowhich it is a party; (d) any invalidity or irregularity in the execution of this Agreement, Deed or the Series A Notes AES Loan Agreement or any of the other documents referred to herein or therein or related theretoSubordinated Security Documents; (e) any lack of capacity or deficiency in the powers of the Company, any Guarantor or any other person Borrower to enter into or perform any of its obligations under this Agreement, the Series A Notes AES Loan Agreement or any of the other documents referred Subordinated Security Documents to herein or therein or related thereto 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 Company, the Guarantors or such other personBorrower; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Company or either or both of the Guarantors or any other person; (g) any other security documentSecurity Document, security interestCharge, guarantee or other security or right or remedy being or becoming held by or available to any Purchaser or by any other person the Junior Lender or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Purchaser the Junior 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 Purchaser the Junior Lender may now or hereafter have from or against the Company Borrower or any other person; (hg) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against the Company Borrower or any other person or any compromise, arrangement or settlement with any of the same; or (ih) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Guarantee Deed or the liability of the Guarantors Borrower hereunder.

Protective Clauses. Without limiting Section 2.5Clause 16.01, neither the liability of either of the Guarantors Borrower nor the validity or enforceability of this Guarantee Deed shall be prejudiced, affected or discharged by: (a) the granting of any time or indulgence to the Company Borrower or any other person; (b) any variation or modification of this the AES Loan Agreement, any of the Series A Notes Subordinated Security Documents or any other document referred to herein or therein or related theretotherein; (c) the invalidity or unenforceability of any obligation or liability of any party the Borrower under the AES Loan Agreement or this Agreement, the Series A Notes Deed or any other documents referred of the Subordinated Security Documents to herein or therein or related theretowhich it is a party; (d) any invalidity or irregularity in the execution of this Agreement, Deed or the Series A Notes AES Loan Agreement or any of the other documents referred to herein or therein or related theretoSubordinated Security Documents; (e) any lack of capacity or deficiency in the powers of the Company, any Guarantor or any other person Borrower to enter into or perform any of its obligations under this Agreement, the Series A Notes AES Loan Agreement or any of the other documents referred Subordinated Security Documents to herein or therein or related thereto 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 Company, the Guarantors or such other personBorrower; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Company or either or both of the Guarantors or any other person; (g) any other security documentSubordinated Security Document, security interestCharge, guarantee or other security or right or remedy being or becoming held by or available to any Purchaser or by any other person the Junior Lender or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Purchaser the Junior 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 Purchaser the Junior Lender may now or hereafter have from or against the Company Borrower or any other person; (hg) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against the Company Borrower or any other person or any compromise, arrangement or settlement with any of the same; or; (ih) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Guarantee Deed or the liability of the Guarantors Borrower hereunder.

Protective Clauses. Without limiting Section 2.5, neither the liability of either of the Guarantors nor the validity or enforceability of this Guarantee shall be prejudiced, affected or discharged by: (a) the granting of any time or indulgence to the Company or any other person; (b) any variation or modification of this Agreement, the Series A Notes B 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 Series A Notes B Notes, the 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 Series A Notes B Notes, the 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 Guarantor or any other person to enter into or perform any of its obligations under this Agreement, the Series A Notes B Notes, the 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 purporting to act on behalf of the Company, the Guarantors or such other person; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Company or either or both of the Guarantors or any other person; (g) any other security document, security interest, guarantee or other security or right or remedy being or becoming held by or available to any 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 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 Purchaser may now or hereafter have from or against the Company or any other person; (h) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against 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 Guarantee or the liability of the Guarantors hereunder.

Protective Clauses. Without limiting Section 2.5, neither Neither the liability of either of the Guarantors Chargor nor the validity or enforceability of this Guarantee Deed shall be prejudiced, affected or discharged by: (a) the granting of any time or indulgence to the Company Chargor or any other person; (b) any variation or modification of this Agreement, the Series A Notes any Finance Document or any other document referred to herein or therein or related theretotherein; (c) the invalidity or unenforceability of any obligation or liability of any party under this Agreementthe Individual Guarantor, the Series A Notes Chargor or the Corporate Guarantors under any other documents referred to herein or therein or related theretoof the Finance Documents; (d) any invalidity or irregularity in the execution of any Finance Document or this Agreement, the Series A Notes or any other documents referred to herein or therein or related theretoDeed; (e) any lack of capacity or deficiency in the powers of the CompanyChargor, any the Individual Guarantor or any other person the Corporate Guarantors to enter into or perform any of its obligations under this Agreement, the Series A Notes or any other documents referred to herein or therein or related thereto Finance Document or any irregularity in the exercise thereof or any lack of authority by any person purporting to act on behalf of the Company, the Guarantors or such other personforegoing; (f) the insolvency, bankruptcy insolvency or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Company Chargor, Individual Guarantor or either or both of the Guarantors or any other personCorporate Guarantors; (g) any other security document, security interest, guarantee or other security Finance Document or right or remedy being or becoming held by or available to any Purchaser or by any other person the Bondholder or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Purchaser the Bondholder 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 Purchaser the Bondholder may now or hereafter have from or against the Company Chargor or any other person; (h) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against the Company Chargor 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 Guarantee Deed or the liability of the Guarantors Chargor hereunder.

Protective Clauses. Without limiting Section 2.5Except as specifically set out in Clause 5 above, neither the liability of either of the Guarantors nor the validity or enforceability of this Guarantee Agreement shall not be prejudiced, affected or discharged by: (ai) The Transaction, the granting of any time or indulgence to the Company or any other person; (b) any variation or modification of this Master Agreement, the Series A Notes Confirmation 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 Series A Notes or any other documents referred to herein or therein or related thereto; (d) any invalidity or irregularity in the execution of this Agreement, the Series A Notes 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 Guarantor or any other person to enter into or perform any of its obligations under this Agreement, the Series A Notes 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 purporting to act on behalf of the Company, the Guarantors or such other person; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Company or either or both of the Guarantors or any other person; (g) any other security document, security interest, guarantee or other security or right or remedy being or becoming held by or available to any Purchaser or by any other person or by any of the same being or Pledgee, becoming wholly or partly void, voidable, unenforceable or impaired or by any Purchaser the Pledgee 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 Purchaser the Pledgee may now or hereafter have from or against the Company Pledgor or any other person or the granting of any time or indulgence to the Pledgor or any other person; (hii) Any variation or modification or extension or novation of the Transaction, the Master Agreement or the confirmation or any other document referred to therein; (iii) The invalidity or unenforceability of any obligation or liability of the Pledgor under the Master Agreement or the Confirmation; (iv) Any invalidity or irregularity in the execution of this Agreement, the Master Agreement or the Confirmation, or any deficiency in the powers of the Pledgor to enter into or perform any of its obligations under this Agreement, the Transaction, the Master Agreement or the Confirmation; (v) The insolvency or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Pledgor; (vi) Any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against the Company Pledgor or any other person or any compromise, arrangement or settlement with any of the same; or (ivii) any Any act, omission, event or circumstance other than as provided under this Agreement which would or may may, but for the provisions of this provision paragraph, operate to prejudice, affect or discharge this Guarantee Agreement or the liability of the Guarantors Pledgor hereunder.