Common use of Reservation of Defenses Clause in Contracts

Reservation of Defenses. Guarantor agrees that except as expressly set forth herein, it will remain bound upon this Guarantee notwithstanding any defenses which, pursuant to the laws of suretyship, would otherwise relieve a guarantor of its obligations under a guaranty. Guarantor does reserve the right to assert defenses which Counterparty may have to payment of any Guaranteed Obligation other than defenses arising from the bankruptcy or insolvency of Counterparty and other defenses expressly waived hereby.

Appears in 17 contracts

Samples: Coal Supply Agreement, Coal Supply Agreement, Coal Supply Agreement

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Reservation of Defenses. Guarantor agrees that except as expressly set forth herein, it will remain bound upon this Guarantee Guaranty notwithstanding any defenses which, pursuant to the laws of suretyship, would otherwise relieve a guarantor of its obligations under a guaranty. Guarantor does reserve the right to assert defenses which Counterparty defenses, rights of setoff and counterclaims that [Standard Offer Provider] may have to payment arising out of any Guaranteed Obligation the obligation to provide standard offer service other than defenses arising from the bankruptcy or insolvency of Counterparty [Standard Offer Provider] and other defenses expressly waived herebyherein.

Appears in 6 contracts

Samples: Standard Offer Guaranty, Standard Offer Guaranty, Standard Offer Guaranty

Reservation of Defenses. Guarantor agrees that except as expressly set forth herein, it will remain bound upon this Guarantee Guaranty notwithstanding any defenses which, pursuant to the laws of suretyship, would otherwise relieve a guarantor of its obligations under a guaranty. Guarantor does reserve the right to assert defenses which Counterparty defenses, rights of setoff and counterclaims that [Service Provider] may have to payment arising out of any Guaranteed Obligation the obligation to provide Service other than defenses arising from the bankruptcy or insolvency of Counterparty [Service Provider] and other defenses expressly waived herebyherein.

Appears in 3 contracts

Samples: Guaranty, Guaranty, Guaranty

Reservation of Defenses. Guarantor agrees that except as expressly set forth herein, it will remain bound upon this Guarantee Guaranty notwithstanding any defenses which, pursuant to the laws of suretyship, would otherwise relieve a guarantor of its obligations under a guarantyGuaranty. Notwithstanding anything to the contrary herein, Guarantor does reserve the right to assert defenses which Counterparty Guaranteed Party may have to payment of any Guaranteed Obligation other than defenses arising from the bankruptcy or insolvency of Counterparty Guaranteed Party and other defenses expressly waived hereby.

Appears in 2 contracts

Samples: Guaranty Agreement (Aspirity Holdings LLC), Guaranty Agreement (Aspirity Holdings LLC)

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Reservation of Defenses. Guarantor agrees that except as expressly set forth herein, it will remain bound upon this Guarantee Guaranty notwithstanding any defenses which, pursuant to the laws of suretyship, would otherwise relieve a guarantor of its obligations under a guaranty. Guarantor does reserve the right to assert defenses which Counterparty may have to payment of any Guaranteed Obligation other than defenses arising from the bankruptcy or insolvency of Counterparty and other defenses expressly waived hereby.

Appears in 2 contracts

Samples: Coal Supply Agreement, Coal Supply Agreement

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