Common use of Waiver of Certain Defenses Clause in Contracts

Waiver of Certain Defenses. Each Guarantor hereby unconditionally and irrevocably waives: (a) any defense arising by reason of any claim or defense based upon an election of remedies by a Creditor Party that in any manner impairs, reduces, releases or otherwise adversely affects the subrogation, reimbursement, exoneration, contribution or indemnification rights of such Guarantor or other rights of such Guarantor to proceed against the Borrower, any of the other Security Parties, any other guarantor or any other person or entity or any Collateral; and (b) any defense based on any right of set-off or counterclaim against or in respect of the obligations of such Guarantor hereunder.

Appears in 6 contracts

Samples: Second Lien Loan Agreement (Eagle Bulk Shipping Inc.), Loan Agreement (Eagle Bulk Shipping Inc.), Loan Agreement (Scorpio Tankers Inc.)

AutoNDA by SimpleDocs

Waiver of Certain Defenses. Each Guarantor hereby unconditionally and irrevocably waives: (a) any defense arising by reason of any claim or defense based upon an election of remedies by a Creditor Party that in any manner impairs, reduces, releases or otherwise adversely affects the subrogation, reimbursement, exoneration, contribution or indemnification rights of such Guarantor or other rights of such Guarantor to proceed against the BorrowerBorrowers, any of the other Security Parties, any other guarantor or any other person or entity or any Collateral; and (b) any defense based on any right of set-off or counterclaim against or in respect of the obligations of such Guarantor hereunder.

Appears in 2 contracts

Samples: Loan Agreement (Pangaea Logistics Solutions Ltd.), Loan Agreement (Quartet Holdco Ltd.)

Waiver of Certain Defenses. Each The Guarantor hereby unconditionally and irrevocably waives: (a) any defense arising by reason of any claim or defense based upon an election of remedies by a Creditor Party that in any manner impairs, reduces, releases or otherwise adversely affects the subrogation, reimbursement, exoneration, contribution or indemnification rights of such the Guarantor or other rights of such the Guarantor to proceed against the Borrower, any of the other Security Parties, any other guarantor or any other person or entity or any Collateral; and (b) any defense based on any right of set-off or counterclaim against or in respect of the obligations of such the Guarantor hereunder.

Appears in 1 contract

Samples: Loan Agreement (Scorpio Tankers Inc.)

Waiver of Certain Defenses. Each Guarantor of the Borrowers hereby unconditionally and irrevocably waives: (a) any defense arising by reason of any claim or defense based upon an election of remedies by a Creditor Party that in any manner impairs, reduces, releases or otherwise adversely affects the subrogation, reimbursement, exoneration, contribution or indemnification rights of such Guarantor each of the Borrowers or other rights of such Guarantor each of the Borrowers to proceed against the any other Borrower, any of the other Security Parties, any other guarantor or any other person or entity or any Collateral; and (b) any defense based on any right of set-off or counterclaim against or in respect of the obligations of such Guarantor each of the Borrowers hereunder.

Appears in 1 contract

Samples: Loan Agreement (Scorpio Tankers Inc.)

AutoNDA by SimpleDocs

Waiver of Certain Defenses. Each The Guarantor hereby unconditionally and irrevocably waives: (a) any defense arising by reason of any claim or defense based upon an election of remedies by a Creditor Party that in any manner impairs, reduces, releases or otherwise adversely affects the subrogation, reimbursement, exoneration, contribution or indemnification rights of such the Guarantor or other rights of such the Guarantor to proceed against the BorrowerBorrowers, any of the other Security Parties, any other guarantor or any other person or entity or any Collateral; and (b) any defense based on any right of set-off or counterclaim against or in respect of the obligations of such the Guarantor hereunder.

Appears in 1 contract

Samples: Loan Agreement (Scorpio Tankers Inc.)

Waiver of Certain Defenses. Each Guarantor of the Guarantors hereby unconditionally and irrevocably waives: (a) any defense arising by reason of any claim or defense based upon an election of remedies by a Creditor Party that in any manner impairs, reduces, releases or otherwise adversely affects the subrogation, reimbursement, exoneration, contribution or indemnification rights of such Guarantor or other rights of such Guarantor to proceed against the Borrower, any of the other Security Parties, any other guarantor or any other person or entity or any Collateral; and (b) any defense based on any right of set-off or counterclaim against or in respect of the obligations of such Guarantor hereunder.

Appears in 1 contract

Samples: Credit Agreement (Scorpio Bulkers Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!