Common use of Unconditional Obligations Clause in Contracts

Unconditional Obligations. This Guaranty shall not be discharged except by complete performance of the Guaranteed Obligations as contemplated in the Indenture and the Securities. The obligations of each Guarantor hereunder shall not be affected by (a) the failure of any Holder or the Trustee to assert any claim or demand or to enforce any right or remedy against the Company or any other Person under the Indenture, the Securities or any other agreement or otherwise; (b) any extension or renewal of any agreement referred to in clause (a) of this paragraph; (c) any rescission, waiver, amendment or modification of any of the terms or provisions of the Indenture, the Securities or any other agreement; (d) the release of any security held by or for the benefit of any Holder or the Trustee for the Guaranteed Obligations or any of them; (e) the failure of any Holder or Trustee to exercise any right or remedy against any other Guarantor of the Guaranteed Obligations or any other Person; or (f) except as provided in Section 2.08 of this Second Supplemental Indenture, any change in the ownership of such Guarantor. Each Guarantor hereby waives notice of acceptance of this Guaranty and notice of any liability to which it may apply, and waives promptness, diligence, presentment, demand of payment, protest, notice of dishonor or any right to require a proceeding or the taking of other action by the Trustee or any Holder against, and any other notice to, any other Guarantor or the Company.

Appears in 3 contracts

Samples: Indenture (Building Materials Investment Corp), Indenture (Building Materials Investment Corp), Indenture (Building Materials Investment Corp)

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Unconditional Obligations. This Guaranty shall not be discharged except by complete performance of the Guaranteed Obligations as contemplated in the Indenture and the Securities. The obligations of each Guarantor hereunder shall not be affected by (a) the failure of any Holder or the Trustee to assert any claim or demand or to enforce any right or remedy against the Company or any other Person under the Indenture, the Securities or any other agreement or otherwise; (b) any extension or renewal of any agreement referred to in clause (a) of this paragraph; (c) any rescission, waiver, amendment or modification of any of the terms or provisions of the Indenture, the Securities or any other agreement; (d) the release of any security held by or for the benefit of any Holder or the Trustee for the Guaranteed Obligations or any of them; (e) the failure of any Holder or Trustee to exercise any right or remedy against any other Guarantor of the Guaranteed Obligations or any other Person; or (f) except as provided in Section 2.08 1.08 of this Second First Supplemental Indenture, any change in the ownership of such Guarantor. Each Guarantor hereby waives notice of acceptance of this Guaranty and notice of any liability to which it may apply, and waives promptness, diligence, presentment, demand of payment, protest, notice of dishonor or any right to require a proceeding or the taking of other action by the Trustee or any Holder against, and any other notice to, any other Guarantor or the Company.

Appears in 3 contracts

Samples: Indenture (Building Materials Investment Corp), Indenture (Building Materials Investment Corp), Indenture (Building Materials Investment Corp)

Unconditional Obligations. This Guaranty is a primary obligation of the Guarantor and is an unconditional, absolute, present and continuing obligation and guarantee of payment and performance (and not merely of collection) and the validity and enforceability of this Guaranty shall be absolute and unconditional and shall not be discharged except impaired, affected or in any way conditioned or contingent upon, nor subject to any reduction, limitation, impairment, termination, defense (other than the defense of prior payment or performance), offset, counterclaim or recoupment whatsoever (all of which are hereby expressly waived by complete performance Guarantor) irrespective of the Guaranteed Obligations as contemplated in the Indenture and the Securities. The obligations of each Guarantor hereunder shall not be affected by (a) the failure making of a demand, the institution of suit or the taking of any Holder other action to enforce performance, or observance by the Lessee of the Obligations, (b) the validity, regularity or enforceability of any Operative Document or any of the Obligations or any collateral security, other guarantee, if any, or credit support therefor or right to offset with respect thereto at any time or from time to time held by any Beneficiary, (c) any defense, set-off or counterclaim (other than the defense of prior payment or performance) that may at any time be available to or be asserted by the Lessee or the Trustee Guarantor against such Beneficiary, (d) any attempt to assert collect from the Lessee or any claim other entity or demand to perfect or enforce any security or (e) upon any other action, occurrence or circumstances whatsoever. The Guarantor waives any requirement that the Beneficiaries shall have instituted any suit, action or proceeding or exhausted their remedies or taken any steps to enforce any right or remedy rights against the Company Lessee or any other Person under the Indenture, the Securities or entity to compel any such performance or to collect all or any other agreement or otherwise; (b) any extension or renewal part of any agreement referred such amount pursuant to in clause (a) of this paragraph; (c) any rescission, waiver, amendment or modification of any of the terms or provisions of the IndentureOperative Documents or at law or in equity, the Securities or otherwise, and regardless of any other agreement; (d) the release of any security held by condition or for the benefit of any Holder or the Trustee for the Guaranteed Obligations or any of them; (e) the failure of any Holder or Trustee to exercise any right or remedy against any other Guarantor of the Guaranteed Obligations or any other Person; or (f) except as provided in Section 2.08 of this Second Supplemental Indenture, any change in the ownership of such Guarantor. Each Guarantor hereby waives notice of acceptance of this Guaranty and notice of any liability to which it may apply, and waives promptness, diligence, presentment, demand of payment, protest, notice of dishonor or any right to require a proceeding or the taking of other action by the Trustee or any Holder against, and any other notice to, any other Guarantor or the Companycontingency.

Appears in 2 contracts

Samples: Lease Guaranty (Maxxam Inc), Lease Guaranty (Maxxam Inc)

Unconditional Obligations. This Guaranty The obligation of the Guarantor to guarantee the Guaranteed Obligations set forth in Section 1 above shall not be discharged except by complete performance absolute and unconditional irrespective of (i) any lack of enforceability against the Charterers or OIN of the Guaranteed Obligations as contemplated in Obligations, (ii) any change of the Indenture and time, manner or place of payment, or any other term, of the Securities. The obligations of each Guarantor hereunder shall not be affected by Guaranteed Obligations, (aiii) the failure failure, omission, delay or lack on the part of any Holder an Owner or the Trustee DHT to assert any claim or demand or to enforce any right or remedy against the Company Guarantor, any Charterer or OIN, (iv) any other Person under reduction, limitation, impairment or termination of the IndentureGuaranteed Obligations for any reason, including any claim of waiver, release, surrender, alteration or compromise, (v) any invalidity, illegality or unenforceability in whole or in part of any Charter or the CFA and (vi) any law, regulation or order of any jurisdiction affecting any term of the Guaranteed Obligations or an Owner’s or DHT’s rights with respect thereto. The Guarantor hereby waives promptness, diligence, protest, demand of payment and notices with respect to the Guaranteed Obligations and any requirement that an Owner or DHT exhaust any right or take any action against a Charterer or OIN. Notwithstanding anything in this Guaranty to the contrary, the Securities or any other agreement or otherwise; (b) any extension or renewal Guarantor shall be entitled to the benefit of any agreement right to or claim of any defense, setoff, counterclaim, recoupment or termination to which a Charterer or OIN is entitled other than those referred to in clause (av) of this paragraph; (c) any rescission, waiver, amendment or modification of any of the terms or provisions of the Indenture, the Securities or any other agreement; (d) the release of any security held by or for the benefit of any Holder or the Trustee for the Guaranteed Obligations or any of them; (e) the failure of any Holder or Trustee to exercise any right or remedy against any other Guarantor of the Guaranteed Obligations or any other Person; or (f) except as provided in Section 2.08 of this Second Supplemental Indenture, any change in the ownership of such Guarantor. Each Guarantor hereby waives notice of acceptance of this Guaranty and notice of any liability to which it may apply, and waives promptness, diligence, presentment, demand of payment, protest, notice of dishonor or any right to require a proceeding or the taking of other action by the Trustee or any Holder against, and any other notice to, any other Guarantor or the Company2.

Appears in 2 contracts

Samples: Guaranty (Double Hull Tankers, Inc.), Guaranty (Double Hull Tankers, Inc.)

Unconditional Obligations. This Guaranty shall not be discharged except by complete performance of the Guaranteed Obligations as contemplated in the Indenture and the Securities. The obligations of each Guarantor hereunder shall not be affected by (a) the failure of any Holder or the Trustee to assert any claim or demand or to enforce any right or remedy against the Company or any other Person under the Indenture, the Securities or any other agreement or otherwise; (b) any extension or renewal of any agreement referred to in clause (a) of this paragraph; (c) any rescission, waiver, amendment or modification of any of the terms or provisions of the Indenture, the Securities or any other agreement; (d) the release of any security held by or for the benefit of any Holder or the Trustee for the Guaranteed Obligations or any of them; (e) the failure of any Holder or Trustee to exercise any right or remedy against any other Guarantor of the Guaranteed Obligations or any other Person; or (f) except as provided in Section 2.08 of this Second First Supplemental Indenture, any change in the ownership of such Guarantor. Each Guarantor hereby waives notice of acceptance of this Guaranty and notice of any liability to which it may apply, and waives promptness, diligence, presentment, demand of payment, protest, notice of dishonor or any right to require a proceeding or the taking of other action by the Trustee or any Holder against, and any other notice to, any other Guarantor or the Company.

Appears in 1 contract

Samples: Indenture (Building Materials Investment Corp)

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Unconditional Obligations. This Guaranty shall not be discharged except by complete performance of the Guaranteed Obligations as contemplated in the Indenture and the Securities. The obligations of each Guarantor hereunder shall not be affected by (a) the failure of any Holder or the Trustee to assert any claim or demand or to enforce any right or remedy against the Company or any other Person under the Indenture, the Securities or any other agreement or otherwise; (b) any extension or renewal of any agreement referred to in clause (a) of this paragraph; (c) any rescission, waiver, amendment or modification of any of the terms or provisions of the Indenture, the Securities or any other agreement; (d) the release of any security held by or for the benefit of any Holder or the Trustee for the Guaranteed Obligations or any of them; (e) the failure of any Holder or Trustee to exercise any right or remedy against any other Guarantor of the Guaranteed Obligations or any other Person; or (f) except as provided in Section 2.08 1.08 of this Second Supplemental Indenture, any change in the ownership of such Guarantor. Each Guarantor hereby waives notice of acceptance of this Guaranty and notice of any liability to which it may apply, and waives promptness, diligence, presentment, demand of payment, protest, notice of dishonor or any right to require a proceeding or the taking of other action by the Trustee or any Holder against, and any other notice to, any other Guarantor or the Company.

Appears in 1 contract

Samples: Building Materials Investment Corp

Unconditional Obligations. This Guaranty shall not be discharged except by complete performance The obligation of the Guarantor to guarantee the Maximum Amount Guaranteed Obligations as contemplated set forth in Section 1 above shall be absolute and unconditional irrespective of (i) any lack of enforceability against a Manager of the Indenture and applicable Management Agreement or this Guarantee, (ii) any change of the Securities. The obligations time, manner or place of each Guarantor hereunder shall not be affected by payment or any other term, condition or agreement of the Maximum Amount Guaranteed Obligations, (aiii) the failure failure, omission, delay or lack on the part of any Holder an Owner or the Trustee GSL to assert any claim or demand or to enforce any right or remedy against the Company Guarantor or any other Person under the IndentureManager, the Securities or any other agreement or otherwise; (biv) any extension invalidity, illegality or renewal unenforceability in whole or in part of any agreement referred to in clause Management Agreement and (a) of this paragraph; (cv) any rescissionlaw, waiver, amendment regulation or modification order of any jurisdiction affecting any term of the terms Maximum Amount Guaranteed Obligations, a Management Agreement or provisions of the Indenture, the Securities an Owner’s or any other agreement; (d) the release of any security held by or for the benefit of any Holder or the Trustee for the Guaranteed Obligations or any of them; (e) the failure of any Holder or Trustee to exercise any right or remedy against any other Guarantor of the Guaranteed Obligations or any other Person; or (f) except as provided in Section 2.08 of this Second Supplemental Indenture, any change in the ownership of such GuarantorGSL’s rights with respect thereto. Each The Guarantor hereby waives notice of acceptance of this Guaranty and notice of any liability to which it may apply, and waives promptness, diligence, presentmentprotest, demand of paymentpayment and notices with respect to the Maximum Amount Guaranteed Obligations. Notwithstanding anything in this Guarantee to the contrary, protest, notice the Guarantor shall be entitled to the benefit of dishonor or any right to require a proceeding or the taking claim of other action by the Trustee any defense, setoff, counterclaim, recoupment or any Holder against, and any other notice to, any other Guarantor or the Companytermination to which Manager is entitled.

Appears in 1 contract

Samples: Guarantee (Global Ship Lease, Inc.)

Unconditional Obligations. This Guaranty shall not be discharged except by complete performance of the Guaranteed Obligations as contemplated in the Indenture and the Securities. The obligations of each the Guarantor hereunder shall not be affected by (a) the failure of any Holder or the Trustee to assert any claim or demand or to enforce any right or remedy against the Company or the Co-obligor or any other Person under the Indenture, the Securities or any other agreement or otherwise; (b) any extension or renewal of any agreement referred to in clause (a) of this paragraph; (c) any rescission, waiver, amendment or modification of any of the terms or provisions of the Indenture, the Securities or any other agreement; (d) the release of any security held by or for the benefit of any Holder or the Trustee for the Guaranteed Obligations or any of them; (e) the failure of any Holder or Trustee to exercise any right or remedy against any other Guarantor of the Guaranteed Obligations or any other Person; or (f) except as provided in Section 2.08 3.08 of this Second First Supplemental Indenture, any change in the ownership of such Guarantor. Each The Guarantor hereby waives notice of acceptance of this Guaranty and notice of any liability to which it may apply, and waives promptness, diligence, presentment, demand of payment, protest, notice of dishonor or any right to require a proceeding or the taking of other action by the Trustee or any Holder against, and any other notice to, any other Guarantor Guarantor, the Company or the CompanyCo-obligor.

Appears in 1 contract

Samples: Indenture (Building Materials Investment Corp)

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