RESERVATION OF CERTAIN DEFENSES. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Obligor is or may be entitled arising from or out of the Agreement, except for defenses (if any) based upon the bankruptcy, insolvency, dissolution or liquidation of Obligor or any lack of power or authority of Obligor to enter into and/or perform the Agreement.
RESERVATION OF CERTAIN DEFENSES. Notwithstanding any other provision hereof to the contrary, Guarantor reserves the right to assert all rights, setoffs, counterclaims and other defenses to which Guarantor or Company is or may be entitled to arising out of the Gas Contract, other than those defenses (a) arising from the bankruptcy, insolvency, dissolution or liquidation of Company, (b) expressly waived by Company in the Gas Contract or otherwise waived in this Guarantee, (c) arising from the failure of Gas Sale and Purchase Contract (December 1, 2004) Company to have authorized the Gas Contract or to have obtained any approval necessary to enter into or perform the Gas Contract, and (d) arising from the failure of Company to have the corporate power to enter into and perform the Gas Contract.
RESERVATION OF CERTAIN DEFENSES. Without limiting Guarantor’s own defenses and rights hereunder, Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses to which Obligor is or may be entitled arising from or out of the Agreement, except for defenses (if any) based upon the bankruptcy, insolvency, dissolution or liquidation of Obligor or any lack of power or authority of Obligor to enter into and/or perform the Agreement. [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.
