Common use of Reservation of Defenses Clause in Contracts

Reservation of Defenses. Without limiting the Guarantor’s own defenses and rights hereunder, the Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses that the Obligor may have to payment of all or any portion of the Guaranteed Obligations except defenses arising from the bankruptcy, insolvency, dissolution or liquidation of the Obligor and other defenses expressly waived in this Guaranty.

Appears in 10 contracts

Samples: Green Source Advantage Service Agreement, Guaranty Agreement, Renewable Power Purchase Agreement

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Reservation of Defenses. Without limiting the Guarantor’s own defenses and rights hereunder, the Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses that the Obligor may have to payment of all or any portion of the Guaranteed Obligations except (a) defenses arising from the bankruptcy, insolvency, dissolution or liquidation of the Obligor Obligor, (b) defenses relating to the power and authority of the Obligor, or the enforceability of the Agreement against the Obligor, and (c) other defenses expressly waived in this Guaranty.

Appears in 1 contract

Samples: Membership Interest Purchase and Sale Agreement

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Reservation of Defenses. Without limiting the Guarantor’s own defenses and rights hereunder, the Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses that the Obligor may have to payment of all or any portion of the Guaranteed Obligations except defenses arising from the bankruptcy, insolvency, dissolution or liquidation of the Obligor and other defenses expressly waived in this Guaranty. 5.

Appears in 1 contract

Samples: Buyer Guarantee (Dynegy Inc.)

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