Waiver by the Guarantor. The Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against the Borrower or any other Person.
Waiver by the Guarantor. The Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against the Company or any other Person. The Guarantor unconditionally and irrevocably waives any and all rights provided under Articles 333, sole paragraph, 364, 366, 821, 829, 834, 835 and 837 through 839 of the Brazilian Civil Code and Article 595 of the Brazilian Civil Procedure Code.
Waiver by the Guarantor. The Guarantor unconditionally waives and releases, to the fullest extent permitted by applicable law (a) notice of the acceptance of this Guaranty and of any change in Tenant's financial condition; (b) notices of the creation, renewal, extension or accrual of any Obligation or acceptance of this Guaranty (the Obligations shall conclusively be deemed to have been created, renewed, amended or waived in reliance upon this Guaranty and all dealings between Tenant, the Guarantor and Landlord shall be conclusively presumed to have been had in reliance upon this Guaranty); (c) notices which may be required by statute, rule of law or otherwise, now or hereafter in effect, to preserve intact any rights of Landlord against the Guarantor; (d) the right to interpose all substantive and procedural defenses of the law of guaranty, indemnification and suretyship, except the defenses of prior payment or prior performance by Tenant or the Guarantor of the Obligations; (e) all rights and remedies accorded by applicable laws and regulations to guarantors or sureties, including any extension of time conferred by any law now or hereafter in effect; (f) any right or claim of right to cause a marshaling of Tenant's assets or to cause Landlord to proceed against Tenant or any collateral held by Landlord at any time or in any particular order; (g) rights to the endorsement, assertion or exercise by Landlord of any right, power, privilege or remedy conferred herein or in the Lease or otherwise; (h) requirements of promptness or diligence on the part of Landlord; (i) any notices of the sale, transfer or other disposition of any right, title to or interest in the Premises or the Lease; (j) rights and defenses arising out of an election of remedies by Landlord even though that election of remedies has destroyed the Guarantor's rights of subrogation and reimbursement against Tenant by operation of law or otherwise; or (k) other circumstances whatsoever (except the defenses of prior payment or prior performance by Tenant or the Guarantor of the Obligations) which might otherwise constitute a legal or equitable discharge, release or defense of a guarantor or surety, or which might otherwise limit recourse against the Guarantor. No failure to exercise and no delay in exercising, on the part of Landlord, any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise ...
Waiver by the Guarantor. The Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any corporation or person against any other obligor or any other corporation or person. The Guarantor warrants and agrees that each waiver set forth in this Section 4 is made with full knowledge of its significance and consequences, and such waivers shall be effective to the maximum extent permitted by law.
Waiver by the Guarantor. The Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against the Company or any other Person. The Guarantor hereby agrees that, in the event of a default in payment of the principal of, interest on, and all other amounts payable under any Warrant, whether at its stated maturity, by declaration of acceleration, call for redemption or otherwise, legal proceedings may be instituted by the Warrant Agent on behalf of, or by, the Holder of such Warrant, subject to the terms and conditions set forth in this Agreement, directly against the Guarantor to enforce this Guarantee without first proceeding against the Company.
Waiver by the Guarantor. The Guarantor hereby unconditionally ----------------------- waives, to the greatest extent permitted by applicable law, (i) any and all notice of the creation, renewal, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by the Banks upon this Guaranty, or acceptance of this Guaranty, and the Guaranteed Obligations, (ii) any requirement that the Banks exhaust any right or take any action against any Obligor, any other guarantor or any other person or any collateral, (iii) any and all rights which the Guarantor may have or which at any time hereafter may be conferred upon it, by statute (including but not limited to any statute of limitations), regulation or otherwise, to terminate or cancel this Guaranty, (iv) all notices which may be required by statute, rule of law or otherwise to preserve any rights against the Guarantor hereunder, including, without limitation, any demand, presentment, protest, proof or notice of nonpayment of any amounts payable under or in respect of the Credit Agreement, and notice of any failure on the part of any Obligor to perform and comply with any term or condition of the Credit Agreement, (v) any rights to the enforcement, assertion or exercise of any right, remedy, power or privilege under or in respect of the Credit Agreement, (vi) any requirement of diligence and (vii) notice of acceptance of this Guaranty. The Administrative Agent shall have the right to bring suit directly against the Guarantor with respect to the Guaranteed Obligations, either prior to or concurrently with any lawsuit against, or without bringing suit against, any Obligor.
Waiver by the Guarantor. The Guarantor expressly waives all setoffs and counterclaims and all presentments, demands for payment or performance, notices of nonpayment or nonperformance, protests, notices of protest, notices of dishonor and all other notices or demands of any kind or nature whatsoever with respect to the Guaranteed Obligations, and all notices of acceptance of this Guaranty or of the existence, creation or incurrence of new or additional Guaranteed Obligations, as well as any requirement that at any time any action be taken by any corporation or person against any other obligor or any other corporation or person. The Guarantor warrants and agrees that each waiver set forth in this Section 4 is made with full knowledge of its significance and consequences, and such waivers shall be effective to the maximum extent permitted by law.
Waiver by the Guarantor. The Guarantee is a guarantee of payment and not of collection. The Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against the Company or any other Person.
Waiver by the Guarantor. The Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against the Issuer or any other Person. The Guarantor hereby agrees that, in the event of a default in payment of the amounts payable under any Security, whether upon exercise, call for redemption or otherwise, legal proceedings may be instituted by the Trustee on behalf of, or by, the Holder of such Security, subject to the terms and conditions set forth in this Indenture, directly against the Guarantor to enforce this Guarantee without first proceeding against the Issuer.
Waiver by the Guarantor. The Guarantor covenants and agrees that, upon the commencement of a voluntary or involuntary bankruptcy proceeding by or against the Borrowers, the Guarantor shall not seek or cause the Borrowers or any other person or entity to seek a supplemental stay or other relief, whether injunctive or otherwise, pursuant to 11 U.S.C. Section 105 or any other provision of the Bankruptcy Reform Act of 1978, as amended, or any other debtor relief law, (whether statutory, common law, case law or otherwise) of any jurisdiction whatsoever, now or hereafter in effect, which may be or become applicable, to stay, interdict, 9
