Waiver of defences. The obligations of each Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) including: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person; (b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; (e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or (g) any insolvency or similar proceedings.
Appears in 9 contracts
Samples: Bridge Facility Agreement (Smurfit WestRock LTD), Bridge Facility Agreement, Bridge Facility Agreement
Waiver of defences. The obligations of each the Guarantor under this Clause 17 clause 5 will not be affected by an act, omission, matter or thing which, but for this Clauseclause 5, would reduce, release or prejudice any of its obligations under this Clause 17 clause 5 (without limitation and whether or not known to it or any Finance Partythe Purchaser) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor Osprey Party or other person;
(b) the release of any other Obligor Osprey Party or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor Osprey Party or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor any Osprey Party or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document this Agreement or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document this Agreement or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document this Agreement or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 7 contracts
Samples: Purchase Agreement (Osprey International LTD), Purchase Agreement (Osprey International LTD), Purchase Agreement (Osprey International LTD)
Waiver of defences. The obligations of each Guarantor under this Clause 17 18 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 18 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 7 contracts
Samples: Multicurrency Revolving Facility Agreement (H Lundbeck a S), Loan Agreement (Intercontinental Hotels Group PLC /New/), Facility Agreement (Best Buy Co Inc)
Waiver of defences. The obligations of each Guarantor under this Clause 17 21 (Guarantee and indemnity) will not be affected by an act, omission, matter or thing which, but for this ClauseClause 21 (Guarantee and indemnity), would reduce, release or prejudice any of its obligations under this Clause 17 21 (Guarantee and indemnity) (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any a Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 6 contracts
Samples: Senior Revolving Facility Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.)
Waiver of defences. The obligations of each Hedge Guarantor under this Clause 17 20 (Guarantee and Indemnity – Hedge Guarantors) (and in respect of any Transaction Security will not be affected or discharged by an act, omission, matter or thing which, but for this ClauseClause 20.4 (Waiver of defences), would reduce, release or prejudice any of its obligations under this Clause 17 20 (Guarantee and Indemnity – Hedge Guarantors)) or in respect of any Transaction Security (without limitation and whether or not known to it or any Finance Secured Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfectperfect or delay in perfecting, or refusal or neglect to take up or enforce, or delay in taking or enforcing any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 6 contracts
Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Waiver of defences. The obligations of each Guarantor the Guarantors under this Clause 17 (Guarantee and Indemnity – Guarantors) and in respect of any Transaction Security will not be affected or discharged by an act, omission, matter or thing which, but for this ClauseClause 17.4 (Waiver of defences), would reduce, release or prejudice any of its obligations under this Clause 17 (Guarantee and Indemnity – Guarantors) or in respect of any Transaction Security (without limitation and whether or not known to it or any Finance Secured Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfectperfect or delay in perfecting, or refusal or neglect to take up or enforce, or delay in taking or enforcing any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 6 contracts
Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Waiver of defences. The obligations of each Guarantor under this Clause 17 20 will not be affected by an any act, omission, matter or thing which, but for this ClauseClause 20, would reduce, release or prejudice any of its obligations under this Clause 17 20 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, extension (whether of maturity or otherwise) or restatement (in each case, however fundamental and of whatsoever nature, and whether or not more onerous) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or;
(g) any insolvency or similar proceedings; or
(h) this Agreement or any other Finance Document not being executed by or binding against any other Guarantor or any other party.
Appears in 5 contracts
Samples: Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Waiver of defences. The obligations of each Guarantor under this Clause 17 14 will not be affected by an any act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 14 (without limitation and whether or not known to it or any Finance PartyBeneficiary) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or any High Yield Hedging Counterparty or other person;
(b) the release of any other Obligor or any High Yield Hedging Counterparty or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupBorrower Group or any High Yield Hedging Counterparty;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or any High Yield Hedging Counterparty or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of of, or dissolution or change in in, the members or status of an Obligor or a High Yield Hedging Counterparty or any other person;
(e) any amendment, novation, supplement, extension, restatement amendment (however fundamental and whether or not more onerousfundamental) or replacement of any Finance a Guaranteed Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Guaranteed Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 5 contracts
Samples: Facility Agreement (Liberty Global, Inc.), Facility Agreement (Liberty Global, Inc.), Amendment and Restatement Agreement (Unitedglobalcom Inc)
Waiver of defences. The liabilities and obligations of each Guarantor under this Clause 17 will a Borrower shall not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) includingimpaired by:
(a) this Agreement being or later becoming void, unenforceable or illegal as regards any other Borrower;
(b) any Lender or the Security Agent entering into any rescheduling, refinancing or other arrangement of any kind with any other Borrower;
(c) any Lender or the Security Agent releasing any other Borrower or any Security created by a Finance Document; or
(d) any time, waiver or consent granted to, or composition with, with any Obligor other Borrower or other person;
(be) the release of any other Obligor Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(cf) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor other Borrower or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(dg) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor any other Borrower or any other person;
(eh) any amendment, novation, supplement, extension, restatement (however fundamental fundamental, and whether or not more onerous) or replacement of any a Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(fi) any unenforceability, illegality or invalidity of any obligation of or any person under any Finance Document or any other document or security; or
(gj) any insolvency or similar proceedings.
Appears in 5 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Term Loan Facility (Navios Maritime Partners L.P.), Term Loan Facility (Okeanis Eco Tankers Corp.)
Waiver of defences. The obligations of each Guarantor under this Clause 17 21 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 21 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security security, including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 5 contracts
Samples: Facility Agreement (Rockwood Specialties Group Inc), Facility Agreement (Rockwood Specialties Group Inc), Facility Agreement (Rio Tinto PLC)
Waiver of defences. The obligations of each Guarantor under this Clause 17 21 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 21, would reduce, release or prejudice any of its obligations under this Clause 17 21 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 5 contracts
Samples: Senior Facilities Agreement (Liberty Global PLC), Senior Facilities Agreement (Liberty Global PLC), Super Senior Facilities Agreement (Liberty Global PLC)
Waiver of defences. (a) The obligations of each Guarantor under this Clause 17 18 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 18, would reduce, release or prejudice any of its obligations under this Clause 17 18 (without limitation and whether or not known to it or any Finance Party) including:
(ai) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(bii) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(ciii) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(div) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(ev) any amendment, novation, supplement, extension, extension restatement (however fundamental and whether or not more onerous) or replacement of any a Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(fvi) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(gvii) any insolvency or similar proceedings.
(b) Each Guarantor specifically waives all defenses based on the Finance Documents, any relationship or circumstance in connection therewith and any transactions made in connection therewith.
Appears in 5 contracts
Samples: Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term Facility Agreement, Term Facility Agreement (KNOT Offshore Partners LP)
Waiver of defences. The obligations of each Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerousfundamental) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 5 contracts
Samples: Credit Facility Agreement, Credit Facility Agreement (Gold Fields LTD), Facility Agreement (Gold Fields LTD)
Waiver of defences. The obligations of each Guarantor the Chargor under this Clause 17 Charge and this Security will not be affected by an any act, omission, matter or thing which, but for this ClauseClause 10.9 (Waiver of defences), would reduce, release or prejudice any of its obligations obligations, or might operate to impair, affect or discharge the rights and security of the Secured Party, in whole or in part, under this Clause 17 (without limitation Charge and this Security and whether or not known to it the Company, the Chargor, the Secured Party or any Finance Party) other person including:
(a) any time, waiver or consent granted to, or composition with, any Obligor the Chargor or other person;
(b) the release of any other Obligor the Chargor or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupChargor;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor the Chargor or other person or any non-presentation presentment or non-observance of any formality or other requirement in respect of any instrument instruments or any failure to realise the full value of any other security;
(d) any incapacity or lack of powerpowers, authority or legal personality of or dissolution or change in the members or status of an Obligor of, the Chargor or any other person;
(e) any amendment, novation, supplement, extension, restatement amendment (however fundamental and whether or not more onerousfundamental) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 4 contracts
Samples: Shares Purchase Agreement (MIE Holdings Corp), Series a Preferred Shares Subscription and Put Option Agreement (MIE Holdings Corp), First Amendment and Restatement Agreement (MIE Holdings Corp)
Waiver of defences. The obligations of each Guarantor under this Clause 17 15 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 15 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 4 contracts
Samples: Facility Agreement (Ozon Holdings PLC), Facility Agreement (Diana Containerships Inc.), Subordinated Facility Agreement (Diana Containerships Inc.)
Waiver of defences. The obligations of each Guarantor under this Clause 17 14 will not be affected by an any act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 14 (without limitation and whether or not known to it or any Finance PartyBeneficiary) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or any Hedging Counterparty or other person;
(b) the release of any other Obligor or any Hedging Counterparty or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupBorrower Group or any Hedging Counterparty;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or any Hedging Counterparty or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of of, or dissolution or change in in, the members or status of an Obligor or a Hedging Counterparty or any other person;
(e) any amendment, novation, supplement, extension, restatement amendment (however fundamental and whether or not more onerousfundamental) or replacement of any Finance a Guaranteed Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Guaranteed Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 4 contracts
Samples: Credit Agreement (Unitedglobalcom Inc), Credit Agreement (Unitedglobalcom Inc), Credit Agreement (Unitedglobalcom Inc)
Waiver of defences. The obligations of each the Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 17, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, execute, take up or enforce, any rights against, or security over assets of, any Obligor the Borrower or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor the Borrower or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or;
(g) any insolvency or similar proceedings; or
(h) this Agreement or any other Finance Document not being executed by or binding upon any other party.
Appears in 4 contracts
Samples: Facility Agreement (PCGI Intermediate Holdings LTD), Loan Agreement (PCGI Intermediate Holdings LTD), Facility Agreement (PCGI Intermediate Holdings LTD)
Waiver of defences. The obligations of each Guarantor under this Clause 17 18 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 18, would reduce, release or prejudice any of its obligations under this Clause 17 18 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupBorrower Group or any other person;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, execute, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement amendment (however fundamental and whether or not more onerousfundamental) or replacement of any Finance a Transaction Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Transaction Document or any other document or security; or;
(g) any insolvency or similar proceedings; or
(h) this Agreement or any other Finance Document not being executed by or binding upon any other party.
Appears in 4 contracts
Samples: Facility Agreement (Las Vegas Sands Corp), Second Amendment and Restatement Agreement (Las Vegas Sands Corp), Amendment and Restatement Agreement (Las Vegas Sands Corp)
Waiver of defences. The obligations of each the Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 17, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Groupother Obligor or any such other person;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, execute, take up or enforce, any rights against, or security any Security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any securitySecurity;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement amendment (however fundamental and whether or not more onerousfundamental) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or securitySecurity;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; orSecurity;
(g) any insolvency or similar proceedings; or
(h) this Agreement or any other Finance Document not being executed by or binding against any party.
Appears in 4 contracts
Samples: Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.)
Waiver of defences. The obligations of each Guarantor under this Clause 17 18 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 18 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor Obligor, any Bilateral Borrower (other than an Obligor) or other person;
(b) the release of any other Obligor Obligor, any Bilateral Borrower (other than an Obligor) or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor Obligor, any Bilateral Borrower (other than an Obligor) or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor Obligor, a Bilateral Borrower (other than an Obligor) or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or any other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 3 contracts
Samples: Supplemental Agreement (Innospec Inc.), Multicurrency Revolving Facility Agreement (Innospec Inc.), Facilities Agreement (Innospec Inc.)
Waiver of defences. The obligations of each Guarantor Obligor under this Clause 17 10 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 10 (without limitation and whether or not known to it or any Finance Party) including). This includes:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Bridge Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility the Notes or the addition of any new facility under any Bridge Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Bridge Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 3 contracts
Samples: Loan Note Facility (Babylon Holdings LTD), Loan Agreement (Babylon Holdings LTD), Loan Agreement (Babylon Holdings LTD)
Waiver of defences. The obligations of each Guarantor under this Clause 17 25 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 25, would reduce, release or prejudice any of its obligations under this Clause 17 25 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Restricted Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any a Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 3 contracts
Samples: Term Facility Agreement (Manchester United PLC), Term Facility Agreement (Manchester United PLC), Revolving Facilities Agreement (Manchester United Ltd.)
Waiver of defences. The obligations of each the Guarantor under this Clause 17 will 15 shall not be affected by an any act, omission, matter or thing whichthat, but for this ClauseClause 15, would reduce, release or prejudice any of its obligations under this Clause 17 15 (without limitation and whether or not known to it or any Finance Secured Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor Borrower or other personPerson;
(b) the release of any other Obligor Borrower or any other person Person under the terms of any composition or arrangement with any creditor of any member of the GroupObligor;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor Borrower or other person Person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor a Borrower or any other personPerson;
(e) any amendment, novation, supplement, extension, restatement amendment (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person Person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 3 contracts
Samples: Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.), Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.), Amendment and Restatement Agreement (Pacific Drilling S.A.)
Waiver of defences. The obligations of each the Guarantor under this Clause 17 15 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 15, would reduce, release or prejudice any of its obligations under this Clause 17 15 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor the Borrower or other personPerson;
(b) the release of any other Obligor the Borrower or any other person Person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor the Borrower or other person Person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor the Borrower or any other personPerson;
(e) any amendment, novation, supplement, extension, extension (whether of maturity or otherwise) or restatement (in each case, however fundamental and whether or not more onerousof whatsoever nature) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person Person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 3 contracts
Samples: Pre Export Finance Agreement (Votorantim Pulp & Paper Inc), Pre Export Finance Agreement (Votorantim Pulp & Paper Inc), Pre Export Finance Agreement (Votorantim Pulp & Paper Inc)
Waiver of defences. The obligations of each Guarantor under this Clause 17 22 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 22, would reduce, release or prejudice any of its obligations under this Clause 17 22 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, extension restatement (however fundamental and whether or not more onerous) or replacement of any a Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 3 contracts
Samples: Revolving Facilities Agreement (Molson Coors Brewing Co), Revolving Facility Agreement (South Texas Supply Company, Inc.), Revolving Facility Agreement (South Texas Supply Company, Inc.)
Waiver of defences. The obligations of each Guarantor under this Clause 17 19 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 19, would reduce, release or prejudice any of its obligations under this Clause 17 19 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, extension restatement (however fundamental and whether or not more onerous) or replacement of any a Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency insolvency, business rescue or similar proceedings.
Appears in 3 contracts
Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
Waiver of defences. The obligations of each Guarantor under this Clause 17 18 (Guarantee and indemnity) will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 18 (Guarantee and indemnity) (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupGroup Company;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, extension (whether of maturity or otherwise) or restatement (in each case however fundamental and whether or not more onerousof whatsoever nature) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 3 contracts
Samples: Facilities Agreement (Sappi LTD), Credit Agreement (Sappi LTD), Credit Agreement (Sappi LTD)
Waiver of defences. The Neither the subordination in this Deed nor the obligations of each Guarantor under this Clause 17 will not the Obligor or the Subordinated Party shall be affected in any way by an act, omission, matter or thing which, but for this Clauseclause 8, would reduce, release or prejudice the subordination or any of its those obligations under this Clause 17 (in whole or in part, including, without limitation and whether or not known to it or any Finance Party) includinglimitation, the following:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Groupperson;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, extension (whether of maturity or otherwise) or restatement (in each case, however fundamental and whether or not more onerousof whatever nature) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or;
(g) any insolvency or similar proceedings; or
(h) any postponement, discharge, reduction, non-provability or other similar circumstance affecting any obligation of any person under any Finance Document resulting from any insolvency, liquidation or dissolution proceedings or from any law, regulation or order.
Appears in 3 contracts
Samples: Loan Agreement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.), Deed of Amendment and Restatement (Kosmos Energy Ltd.)
Waiver of defences. The obligations of each Guarantor the Parent under this Clause clause 17 will not be affected by an act, omission, matter or thing (whether or not known to it or any Finance Party) which, but for this Clauseclause, would reduce, release or prejudice any of its obligations under this Clause clause 17 including (without limitation and whether or not known to it or any Finance Party) including:limitation):
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Groupother Obligor;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 3 contracts
Samples: Facility Agreement (Navigator Holdings Ltd.), Facility Agreement (Teekay Tankers Ltd.), Facility Agreement (Teekay Tankers Ltd.)
Waiver of defences. The obligations of each Guarantor Debtor under this Clause 17 27 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 27, would reduce, release or prejudice any of its obligations under this Clause 17 27 (without limitation and whether or not known to it or any Finance Guarantee Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor Debtor or other person;
(b) the release of any other Obligor Debtor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor Debtor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor a Debtor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document a Guarantee Agreement or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document Guarantee Agreement or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document Guarantee Agreement or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 3 contracts
Samples: Intercreditor Agreement (Paysafe LTD), Intercreditor Agreement (Paysafe LTD), Intercreditor Agreement (Paysafe LTD)
Waiver of defences. The obligations of each Guarantor under this Clause 17 will not be affected by an any act, omission, matter omission or thing which, but for this Clauseprovision, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) including). This includes:
(a) any time, time or waiver or consent granted to, or composition with, any Obligor or other person;
(b) the any release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Grouparrangement;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or person;
(d) any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(de) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(ef) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any a Finance Document or any other document or security security, including without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(fg) any unenforceability, illegality illegality, invalidity or invalidity non-provability of any obligation of any person under any Finance Document or any other document or security; or
(gh) any insolvency or similar proceedingsproceeding relating to any Obligor.
Appears in 3 contracts
Samples: Term and Revolving Facilities Agreement (Smith & Nephew PLC), Facility Agreement (Smith & Nephew PLC), Loan Agreement (Smith & Nephew PLC)
Waiver of defences. The obligations of each Guarantor Debtor under this Clause 17 Schedule 9 will not be affected by an act, omission, matter or thing which, but for this ClauseSchedule 9, would reduce, release or prejudice any of its obligations under this Clause 17 Schedule 9 (without limitation and whether or not known to it or any Finance PartyHedge Counterparty) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor Debtor or other person;
(b) the release of any other Obligor Debtor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor Debtor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor a Debtor or any other person;
(e) any amendment, novation, supplement, extension, extension restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document a Hedging Agreement or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility hedging arrangements or the addition of any new facility hedging arrangements under any Finance Document Hedging Agreement or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document Hedging Agreement or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 3 contracts
Samples: Intercreditor Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Intercreditor Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Intercreditor Agreement (Melco Crown Entertainment LTD)
Waiver of defences. The obligations of each Guarantor under this Clause 17 19 will not be affected by, and each Guarantor irrevocably waives any defence it may have by virtue of, an act, omission, matter or thing which, but for this ClauseClause 19, would reduce, release or prejudice any of its obligations under this Clause 17 19 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, forbearance, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the NEXT Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, extension restatement (however fundamental and whether or not more onerous) or replacement of any a Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 3 contracts
Samples: Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.)
Waiver of defences. The obligations provisions of each Guarantor under this Clause 17 Agreement will not be affected by an act, omission, matter or thing which, but for this ClauseClause 21.3, would reduce, release or prejudice any of its obligations under the subordination and priorities in this Clause 17 (without limitation and whether or not known to it or any Finance Party) Agreement including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any securityTransaction Security;
(dc) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an any Obligor or any other person;
(ed) any amendment, novation, supplement, extension, extension (whether of maturity or otherwise) or restatement (in each case, however fundamental and of whatsoever nature, and whether or not more onerous) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(fe) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(gf) any insolvency intermediate payment or similar proceedingsdischarge of any of the Liabilities of the Senior Creditors in whole or in part.
Appears in 3 contracts
Samples: Intercreditor Deed (Fx Energy Inc), Intercreditor Deed (Fx Energy Inc), Intercreditor Deed (Fx Energy Inc)
Waiver of defences. The obligations of each Guarantor under this Clause 17 clause 16 will not be affected by an act, omission, matter or thing which, but for this Clauseclause, would reduce, release or prejudice any of its obligations under this Clause 17 clause 16 (without limitation and whether or not known to it or any Finance Party) including:
(aA) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(bB) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(cC) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(dD) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(eE) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(fF) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(gG) any insolvency or similar proceedings.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.)
Waiver of defences. The obligations of each the Offshore Guarantor under this Clause 17 16 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 16, would reduce, release or prejudice any of its obligations under this Clause 17 16 (without limitation and whether or not known to it or any Finance Partythe Lender) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, execute, take up or enforce, any rights against, or security over assets of, any Obligor the Borrower or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor the Borrower or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or;
(g) any insolvency or similar proceedings; or
(h) this Agreement or any other Finance Document not being executed by or binding upon any other party.
Appears in 3 contracts
Samples: Facility Agreement, Facility Agreement (Pacific Alliance Group LTD), Facility Agreement (Sun Wise (UK) Co., LTD)
Waiver of defences. The obligations of each Guarantor under this Clause 17 20 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 20 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement amendment (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facilities Agreement (Signet Jewelers LTD), Facilities Agreement (Signet Jewelers LTD)
Waiver of defences. The obligations of each Guarantor under this Clause 17 18 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 18 or prejudice or diminish those obligations in whole or in part (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement amendment (however fundamental and whether or not more onerousfundamental) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or securitysecurity to the intent that each Guarantor's obligations under this Clause 18 shall remain in full force and its guarantee be construed accordingly, as if there were no unenforceability, illegality or invalidity; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Syndicated Revolving Credit Agreement (Koninklijke KPN N V), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Waiver of defences. The obligations of each Hedge Guarantor under this Clause 17 19 (Guarantee and Indemnity — Hedge Guarantors) and in respect of any Transaction Security will not be affected or discharged by an act, omission, matter or thing which, but for this ClauseClause 19.4 (Waiver of defences), would reduce, release or prejudice any of its obligations under this Clause 17 19 [Guarantee and Indemnity - Hedge Guarantors) or in respect of any Transaction Security (without limitation and whether or not known to it or any Finance Secured Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfectperfect or delay in perfecting, or refusal or neglect to take up or enforce, or delay in taking or enforcing any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Term Loan Facility (Dorian LPG Ltd.), Term Loan Facility (Dorian LPG Ltd.)
Waiver of defences. The obligations of each the Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Partythe Lender) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Transaction Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Transaction Document or any other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Transaction Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (Gran Tierra Energy Inc.), Term Loan Facility Agreement
Waiver of defences. The obligations of each the Guarantor under this Clause clause 17 will not be affected by an act, omission, matter or thing (whether or not known to it or any Finance Party) which, but for this Clauseclause, would reduce, release or prejudice any of its obligations under this Clause clause 17 including (without limitation and whether or not known to it or any Finance Party) including:limitation):
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Groupother Obligor;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facility Agreement (Quintana Shipping Ltd.), Loan Facility Agreement (Navigator Holdings Ltd.)
Waiver of defences. The obligations of each the Guarantor under this Clause 17 14 will not be affected by an any act, omission, matter or thing which, but for this Clauseprovision, would reduce, release or prejudice any of its obligations under this Clause 17 14 or prejudice or diminish those obligations in whole or in part, including, without limitation, (without limitation and whether or not known to it or any Finance Party) including:):
(a) 14.4.1 any time, time or waiver or consent granted to, or composition with, any Obligor Borrower or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) 14.4.2 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor Borrower or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) 14.4.3 any incapacity or lack of powerpowers, authority or legal personality of or dissolution or change in the members or status of an Obligor a Borrower or any other person;
(e) 14.4.4 any amendment, novation, supplement, extension, restatement variation (however fundamental and whether or not more onerousfundamental) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any so that references to that Finance Document in this Clause 14 shall include each variation or other document or securityreplacement;
(f) 14.4.5 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security, to the intent that the Guarantor’s obligations under this Clause 14 shall remain in full force and its guarantee be construed accordingly, as if there were no unenforceability, illegality or invalidity; orand
(g) 14.4.6 any insolvency postponement, discharge, reduction, non-provability or other similar proceedingscircumstance affecting any obligation of any Borrower under a Finance Document resulting from any insolvency, liquidation or dissolution proceedings or from any law, regulation or order so that each such obligation shall for the purposes of the Guarantor’s obligations under this Clause 14 be construed as if there were no such circumstance.
Appears in 2 contracts
Samples: Revolving Credit Facility (British American Tobacco p.l.c.), Revolving Credit Facility Agreement (British American Tobacco p.l.c.)
Waiver of defences. The obligations of each Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or securitydocument;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facility Agreement (Golden Telecom Inc), Facility Agreement (Golden Telecom Inc)
Waiver of defences. (a) The obligations of each Guarantor under this Clause 17 Section 14.4 will not be affected by an act, omission, matter or thing which, but for this ClauseSection, would reduce, release or prejudice any of its obligations under this Clause 17 Section 14.4 (without limitation and whether or not known to it or any Finance Party) including:
(ab) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(bc) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(cd) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(de) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(ef) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(fg) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(gh) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Revolving Credit Facility (Gatos Silver, Inc.), Revolving Credit Facility (Gatos Silver, Inc.)
Waiver of defences. The obligations of each Hedge Guarantor under this Clause 17 18 (Guarantee and Indemnity – Hedge Guarantors) and in respect of any Transaction Security will not be affected or discharged by an act, omission, matter or thing which, but for this ClauseClause 18.4 (Waiver of defences), would reduce, release or prejudice any of its obligations under this Clause 17 18 (Guarantee and Indemnity – Hedge Guarantors) or in respect of any Transaction Security (without limitation and whether or not known to it or any Finance Secured Party) including:
(a) any time, waiver or consent granted to, or composition with, any Transaction Obligor or other person;
(b) the release of any other Transaction Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfectperfect or delay in perfecting, or refusal or neglect to take up or enforce, or delay in taking or enforcing any rights against, or security over assets of, any Transaction Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an a Transaction Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Term Loan Facility (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Waiver of defences. The obligations of each Guarantor under this Clause 17 18 will not be affected by an any act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 18 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, extension (whether of maturity or otherwise) or restatement (in each case however fundamental and of whatsoever nature, and whether or not more onerous) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Alliance Data Systems Corp), Senior Facilities Agreement (Alliance Data Systems Corp)
Waiver of defences. The obligations of each Guarantor under this Clause 17 18 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 18 or prejudice or diminish those obligations in whole or in part (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement amendment (however fundamental and whether or not more onerousfundamental) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or securitysecurity to the intent that each Guarantor’s obligations under this Clause 18 shall remain in full force and its guarantee be construed accordingly, as if there were no unenforceability, illegality or invalidity; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Syndicated Revolving Credit Agreement (Koninklijke KPN N V), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Waiver of defences. The obligations of each Subsidiary Guarantor under this Clause 17 5 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 5, would reduce, release or prejudice any of its obligations under this Clause 17 5 (without limitation and whether or not known to it or any Finance PartyHedge Counterparty) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor Debtor or other person;
(b) the release of any other Obligor Debtor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor Debtor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor a Debtor or any other person;
(e) any amendment, novation, supplement, extension, extension restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document a Hedging Agreement or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility amount due or the addition of any new facility Hedging Liability under any Finance Document Hedging Agreement or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document Hedging Agreement or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Intercreditor Agreement (B Communications LTD), Intercreditor Agreement (Internet Gold Golden Lines LTD)
Waiver of defences. The obligations of each Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 17, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Ferguson PLC), Facility Agreement
Waiver of defences. The obligations of each Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 17, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupGroup Member;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, execute, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or;
(g) any insolvency or similar proceedings; or
(h) this Agreement or any other Finance Document not being executed by or binding upon any other party.
Appears in 2 contracts
Samples: Facility Agreement (Alibaba Group Holding LTD), Facilities Agreement (Alibaba Group Holding LTD)
Waiver of defences. The To the extent permitted by the Applicable Law, the obligations of each Guarantor the Securing Party under this Clause 17 Agreement will not be affected by an any act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 Agreement, including (without limitation and whether or not known to it or any Finance Secured Party) including:):
(a) any time, waiver or consent granted to, or composition with, any Obligor the Securing Party or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupSecuring Party;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor the Securing Party or other person or person;
(d) any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(de) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor the Securing Party or any other person;
(ef) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement amendment of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(fg) any unenforceability, illegality illegality, invalidity or invalidity non-provability of any obligation of any person under any Finance Document or any other document or security; or
(gh) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Mortgage Agreement (VNG LTD), Mortgage Agreement (VNG LTD)
Waiver of defences. The obligations of each Guarantor under this Clause 17 clause 25 will not be affected by an act, omission, matter or thing which, but for this Clauseclause, would reduce, release or prejudice any of its obligations under this Clause 17 clause 25 (without limitation and whether or not known to it or any Finance Party) including:
(aA) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(bB) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(cC) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(dD) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(eE) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(fF) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(gG) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Loan Agreement (Kosmos Energy Ltd.), Deed of Amendment and Restatement (Kosmos Energy Ltd.)
Waiver of defences. The obligations of each Guarantor under this Clause 17 19 will not be affected by an act, omission, matter or thing which, but for this ClauseClause19, would reduce, release or prejudice any of its obligations under this Clause 17 19 (without limitation and whether or not known to it or any Finance Secured Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor Party or other person;
(b) the release of any other Obligor Party or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupObligor Party;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, execute, take up or enforce, any rights against, or security over assets of, any Obligor Party or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor Party or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Transaction Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Transaction Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Transaction Document or any other document or security; or;
(g) any insolvency or similar proceedings; or
(h) this Agreement or any other Transaction Document not being executed by or binding upon any other party.
Appears in 2 contracts
Samples: Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD)
Waiver of defences. The obligations of each Hedge Guarantor under this Clause 17 19 (Guarantee and Indemnity – Hedge Guarantors) and in respect of any Transaction Security will not be affected or discharged by an act, omission, matter or thing which, but for this ClauseClause 19.4 (Waiver of defences), would reduce, release or prejudice any of its obligations under this Clause 17 19 (Guarantee and Indemnity – Hedge Guarantors) or in respect of any Transaction Security (without limitation and whether or not known to it or any Finance Secured Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfectperfect or delay in perfecting, or refusal or neglect to take up or enforce, or delay in taking or enforcing any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facility Agreement (Okeanis Eco Tankers Corp.), Facility Agreement (Okeanis Eco Tankers Corp.)
Waiver of defences. The obligations of each Guarantor under this Clause 17 16 (Guarantee and indemnity) will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 16 (Guarantee and indemnity) (without limitation and whether or not known to it or any Finance Party) including:
(aA) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(bB) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(cC) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(dD) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(eE) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(fF) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(gG) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Term Facility Agreement (Rockley Photonics Holdings LTD), Support Letter (Rockley Photonics Holdings LTD)
Waiver of defences. The obligations of each Guarantor Owner under this Clause clause 17 will not be affected by an act, omission, matter or thing (whether or not known to it or any Finance Party) which, but for this Clauseclause, would reduce, release or prejudice any of its obligations under this Clause clause 17 including (without limitation and whether or not known to it or any Finance Party) including:limitation):
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Groupother Obligor;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facility Agreement (Cool Co Ltd.), Facility Agreement (Cool Co Ltd.)
Waiver of defences. The obligations of each Guarantor Co-Debtor under this Clause 17 18.4 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 18.4 (without limitation and whether or not known to it or any Finance Partythe Lender) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facility Agreement (FreeSeas Inc.), Facility Agreement (FreeSeas Inc.)
Waiver of defences. The obligations of each Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 17.4, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security Security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facility Agreement (Delhaize Group), Facility Agreement (Delhaize Group)
Waiver of defences. The obligations of each Guarantor the Company under this Clause 17 Agreement and the Collateral Rights will not be affected by an any act, omission, matter or thing which, but for this ClauseClause 12.10 (Waiver of defences), would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation Agreement and this Lien and whether or not known to it the Company or the Collateral Agent or any Finance Party) Secured Party including:
(a) any time, waiver or consent granted to, or composition with, any Obligor Loan Party or other person;
(b) the release of any other Obligor Loan Party or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupLoan Party;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security Lien over assets of, any Obligor Loan Party or other person or any non-presentation presentment or non-observance of any formality or other requirement in respect of any instrument instruments or any failure to realise the full value of any securityother Lien;
(d) any incapacity or lack of powerpowers, authority or legal personality of or dissolution or change in the members or status of an Obligor any Loan Party or any other person;
(e) any amendment, novation, supplement, extensionextension (whether of maturity or otherwise), restatement (in each case however fundamental and of whatsoever nature, and whether or not more onerous) or replacement of any Finance Loan Document or any other document or security including without limitation any change in or of the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or securitySecured Liabilities;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Loan Document or any other document or securitysecurity or of the Secured Liabilities; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Security Over Cash Agreement (Reynolds Group Holdings LTD), Security Over Cash Agreement (Reynolds Group Holdings LTD)
Waiver of defences. The liabilities and obligations of each Guarantor under this Clause 17 will a Borrower shall not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) includingimpaired by:
(a) this Agreement being or later becoming void, unenforceable or illegal as regards any other Borrower;
(b) any Lender or the Security Agent entering into any rescheduling, refinancing or other arrangement of any kind with any other Borrower;
(c) any Lender or the Security Agent releasing any other Borrower or any Security created by a Finance Document;
(d) any time, waiver or consent granted to, or composition with, with any Obligor other Borrower or other person;
(be) the release of any other Obligor Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupGroup at any time during the Security Period;
(cf) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor other Borrower or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(dg) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor any other Borrower or any other person;
(eh) any amendment, novation, supplement, extension, restatement (however fundamental fundamental, and whether or not more onerous) or replacement of any a Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(fi) any unenforceability, illegality or invalidity of any obligation of or any person under any Finance Document or any other document or security; or
(gj) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Term Loan Facility (United Maritime Corp), Facility Agreement (United Maritime Corp)
Waiver of defences. The obligations of each the Guarantor under this Clause 17 16 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 16 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security security, including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facility Agreement (Platinum Underwriters Holdings LTD), Facility Agreement (Platinum Underwriters Holdings LTD)
Waiver of defences. The obligations of each Guarantor under this Clause 17 18 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 18, would reduce, release or prejudice any of its obligations under this Clause 17 18 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, execute, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement amendment (however fundamental and whether or not more onerousfundamental) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or;
(g) any insolvency or similar proceedings; or
(h) this Agreement or any other Finance Document not being executed by or binding against the Borrower, any other Guarantor or any other party.
Appears in 2 contracts
Samples: Subscription Agreement (WMC Resources Inc), Subscription Agreement (WMC Resources Inc)
Waiver of defences. The obligations of each Guarantor under this Clause 17 10 will not be affected by an any act, omission, matter or thing which, but for this Clause, which would reduce, release or prejudice any of its obligations under this Clause 17 10 (without limitation and whether or not known to it or any Finance Party) includingincluding but not limited to:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group, including for the avoidance of doubt the liquidation of the Dormant Companies as set out in Clause 13.3.12 (b) and the increase of the Total Commitment in accordance with Clause 2.3;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement amendment (however fundamental and whether or not more onerousfundamental) or replacement of any a Finance Document or any other document or security security, including without limitation any change for the avoidance of doubt the liquidation of the Dormant Companies as set out in Clause 13.3.12 (b) and the purpose of, any extension increase of or any increase the Total Commitment in any facility or the addition of any new facility under any Finance Document or other document or securityaccordance with Clause 2.3;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Multicurrency Revolving Credit Agreement (Pra Group Inc), Term and Multicurrency Revolving Credit Facilities Agreement (Pra Group Inc)
Waiver of defences. The obligations of each the Guarantor under this Clause 17 19 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 19.4, would reduce, release or prejudice any of its obligations under this Clause 17 19 (without limitation and whether or not known to it or any Finance Party) ), including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.)
Waiver of defences. The Neither the obligations of each Guarantor the Grantor under this Clause 17 Agreement nor the Grantor Security Interests will not be affected by an any act, omission, matter or thing which, but for this ClauseClause 13.3 (Waiver of defences), would reduce, release or prejudice any of its obligations under this Clause 17 Agreement or any of the Grantor Security Interests (without limitation and whether or not known to it the Grantor or any Interim Finance Party) including:
(a) 13.3.1 any time, waiver or consent granted to, or composition with, the Grantor or any Obligor or other person;
(b) 13.3.2 the release of any other Obligor the Grantor or any other person under the terms of any composition or arrangement with any creditor of the Grantor or any member of the Groupother person;
(c) 13.3.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over property or assets of, any Obligor the Grantor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) 13.3.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor the Grantor or any other person;
(e) 13.3.5 any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document of the Interim Documents or any other document or security (including without limitation (i) any change in the purpose of, any extension of or any increase in any facility indebtedness or liability, or the addition of any new facility indebtedness or liability, under any Finance Document of the Interim Documents or other document or security);
(f) 13.3.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document of the Interim Documents or any other document or security; or
(g) 13.3.7 any Bankruptcy, insolvency or similar proceedings.
Appears in 2 contracts
Samples: Security Interest Agreement, Security Interest Agreement
Waiver of defences. The obligations of each the Guarantor under this Clause 17 2 will not be affected by an any act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 2 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or any other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or any other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an any Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Guarantee (Wimm Bill Dann Foods Ojsc), Guarantee (Wimm Bill Dann Foods Ojsc)
Waiver of defences. The obligations of each Guarantor under this Clause 17 19 will not be affected by an any act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 19 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, extension or restatement (however fundamental and whether or not more onerous) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of of, or any increase in in, any facility or the addition of any new facility under any Finance Document or other document or securitydocument;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (VTTI Energy Partners LP)
Waiver of defences. The obligations of each the Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance PartyParty or the Swap Bank) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or any other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or Swap Agreement or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document Document, Swap Agreement or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document Document, Swap Agreement or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Waiver of defences. The obligations of each Guarantor Obligor under this Clause 17 19 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 19 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or;
(g) any insolvency or similar proceedings; or
(h) any other matter as provided for in Clause 19.11 (Jersey law waiver).
Appears in 2 contracts
Samples: Facility Agreement (NorthStar Healthcare Income, Inc.), Facility Agreement (Northstar Realty Finance Corp.)
Waiver of defences. The obligations of each the Guarantor under this Clause 17 clause 14 will not be affected by an any act, omission, matter or thing which, but for this Clauseclause, would reduce, release or prejudice any of its obligations under this Clause 17 clause 14 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.), Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)
Waiver of defences. The obligations of each Guarantor the Mortgagor under this Clause 17 Deed will not be affected by an any act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any obligation or liability of its obligations the Mortgagor under this Clause 17 Deed (without limitation and whether or not known to it or any Finance Party) it), including:
(a) any time, waiver waiver, concession or consent indulgence granted to, or composition with, to any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Grouparrangement;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets ofover, any Obligor or other person or assets of any person;
(d) any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(de) any incapacity or lack of power, authority or legal personality of of, or dissolution or change in the members or status of an Obligor or of, any other person;
(ef) any amendment, novation, supplement, extension, restatement amendment (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security (including without limitation any change in the purpose of, any extension of of, or any increase in in, any finance facility provided under or the addition of any new facility under pursuant to any Finance Document or other document or securityDocument);
(fg) any unenforceability, illegality illegality, invalidity or invalidity non-provability of any obligation of any person under any Finance Document or any other document or security; or
(gh) any insolvency insolvency, liquidation or similar proceedings.
Appears in 2 contracts
Samples: Equitable Share Mortgage (Sohu.com LTD), Equitable Share Mortgage (Sohu.com LTD)
Waiver of defences. 18.4.1 The obligations of each Guarantor under this Clause 17 clause 18 will not be affected by an act, omission, matter or thing which, but for this Clauseclause 18, would reduce, release or prejudice any of its obligations under this Clause 17 clause 18 (without limitation and whether or not known to it or any Senior Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, extension (whether of maturity or otherwise) or restatement (in each case, however fundamental and whether or not more onerousof whatsoever nature) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency insolvency, business rescue or similar proceedings.
Appears in 2 contracts
Samples: Senior Facilities Agreement (Atlatsa Resources Corp), Senior Term Loan and Revolving Facilities Agreement (Atlatsa Resources Corp)
Waiver of defences. The obligations of each Guarantor under this Clause 17 18 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 18 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Misys PLC), Multicurrency Revolving Credit Facility Agreement (Misys PLC)
Waiver of defences. The obligations of each the Guarantor under this Clause 17 18 will not be affected by an any act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 18 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, extension or restatement (however fundamental and whether or not more onerous) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of of, or any increase in in, any facility or the addition of any new facility under any Finance Document or other document or securitydocument;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facility Agreement (Midamerican Energy Holdings Co /New/), Facility Agreement (Midamerican Energy Holdings Co /New/)
Waiver of defences. The obligations of each Guarantor under this Clause 17 19 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 19, would reduce, release or prejudice any of its obligations under this Clause 17 19 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, extension restatement (however fundamental and whether or not more onerous) or replacement of any a Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Guarantee Facility Agreement (UTAC Holdings Ltd.), Term Facility Agreement (Enstar Group LTD)
Waiver of defences. The liabilities and obligations of each Guarantor under this Clause 17 will a Borrower shall not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) includingimpaired by:
(a) this Agreement being or later becoming void, unenforceable or illegal as regards the other Borrower;
(b) any Lender or the Security Agent entering into any rescheduling, refinancing or other arrangement of any kind with the other Borrower;
(c) any Lender or the Security Agent releasing the other Borrower or any Security created by a Finance Document; or
(d) any time, waiver or consent granted to, or composition with, any Obligor with the other Borrower or other person;
(be) the release of any the other Obligor Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(cf) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor the other Borrower or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(dg) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor the other Borrower or any other person;
(eh) any amendment, novation, supplement, extension, restatement (however fundamental fundamental, and whether or not more onerous) or replacement of any a Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(fi) any unenforceability, illegality or invalidity of any obligation of or any person under any Finance Document or any other document or security; or
(gj) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Term Loan Facility (Star Bulk Carriers Corp.), Facility Agreement (Navios Maritime Holdings Inc.)
Waiver of defences. The obligations of each the Guarantor under this Clause 17 11 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 11 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other personPerson;
(b) the release of any other Obligor or any other person Person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person Person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other personPerson;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility Facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person Person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Credit Facility Agreement (Amtrust Financial Services, Inc.), Facility Agreement (Amtrust Financial Services, Inc.)
Waiver of defences. The Neither the obligations of each Guarantor the Grantor under this Clause 17 Agreement nor the Grantor Security Interests will not be affected by an any act, omission, matter or thing which, but for this ClauseClause 14.3 (Waiver of defences), would reduce, release or prejudice any of its obligations under this Clause 17 Agreement or any of the Grantor Security Interests (without limitation and whether or not known to it the Grantor or any Interim Finance Party) including:
(a) 14.3.1 any time, waiver or consent granted to, or composition with, the Grantor or any Obligor or other person;
(b) 14.3.2 the release of any other Obligor the Grantor or any other person under the terms of any composition or arrangement with any creditor of the Grantor or any member of the Groupother person;
(c) 14.3.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over property or assets of, any Obligor the Grantor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) 14.3.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor the Grantor or any other person;
(e) 14.3.5 any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document of the Interim Documents or any other document or security (including without limitation (i) any change in the purpose of, any extension of or any increase in any facility indebtedness or liability, or the addition of any new facility indebtedness or liability, under any Finance Document of the Interim Documents or other document or security);
(f) 14.3.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document of the Interim Documents or any other document or security; or
(g) 14.3.7 any Bankruptcy, insolvency or similar proceedings.
Appears in 2 contracts
Samples: Security Interest Agreement, Security Interest Agreement
Waiver of defences. The liabilities and obligations of each Guarantor under this Clause 17 will a Borrower shall not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) includingimpaired by:
(a) this Agreement being or later becoming void, unenforceable or illegal as regards any other Borrower;
(b) any Lender or the Security Agent entering into any rescheduling, refinancing or other arrangement of any kind with any other Borrower;
(c) any Lender or the Security Agent releasing any other Borrower or any Security created by a Finance Document; or
(d) any time, waiver or consent granted to, or composition with, with any Obligor other Borrower or other person;
(be) the release of any other Obligor Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(cf) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor other Borrower or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(dg) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor any other Borrower or any other person;
(eh) any amendment, novation, supplement, extension, restatement (however fundamental fundamental, and whether or not more onerous) or replacement of any a Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(fi) any unenforceability, illegality or invalidity of any obligation of or any person under any Finance inance Document or any other document or security; or
(gj) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Term Loan Facility (Dorian LPG Ltd.), Term Loan Facility (Dorian LPG Ltd.)
Waiver of defences. The obligations of each Guarantor Obligor under this Clause 17 will not be affected by (and the intention of each Obligor is that its obligation shall continue in full force and effect notwithstanding) an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) including:
(a) 17.4.1 any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) 17.4.2 the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Grouparrangement;
(c) 17.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) 17.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) 17.4.5 any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) 17.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) 17.4.7 any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facility Agreement (Hines Global REIT, Inc.), Facility Agreement (Hines Global REIT, Inc.)
Waiver of defences. The obligations of each Guarantor Chargor under this Clause 17 Deed will not be affected by an any act, omission, matter omission or thing which, but for this Clauseprovision, would reduce, release or prejudice any of its obligations under this Clause 17 Deed (without limitation and whether or not known to it or any Finance Secured Party) including). This includes:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the any release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Grouparrangement;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or person;
(d) any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(de) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(ef) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement amendment of any Finance a Note Document or any other document or security including security, including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or securityNote Document;
(fg) any unenforceability, illegality illegality, invalidity or invalidity non-provability of any obligation of any person under any Finance Note Document or any other document or securitysecurity or the failure by any other person to enter into or be bound by any Note Document; or
(gh) any insolvency insolvency, resolution or similar proceedings.
Appears in 2 contracts
Samples: Security Agreement (Cushman & Wakefield PLC), Security Agreement (Cushman & Wakefield PLC)
Waiver of defences. The obligations of each Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupObligor;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facility Agreement (Ocean Rig UDW Inc.), Facility Agreement (DryShips Inc.)
Waiver of defences. The obligations of each Guarantor under this Clause 17 19 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 19, would reduce, release or prejudice any of its obligations under this Clause 17 19 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupGroup Member;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, extension restatement (however fundamental and whether or not more onerous) or replacement of any a Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facility Agreement (Giant Interactive Group Inc.), Facility Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.)
Waiver of defences. The obligations of each the Guarantor under this Clause 17 2 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 2 (without limitation and whether or not known to it or any Finance PartyHTIHL) including:
(a) any time, waiver or consent granted to, or composition with, the Borrower, the Guarantor or any Obligor or other person;
(b) the release of any other Obligor the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, the Borrower, the Guarantor or any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor the Borrower, the Guarantor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerousfundamental) or replacement of any Finance the Promissory Note or the Security Document or any other document or security security, including without limitation any change in the purpose ofincrease in, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or securitychange;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance the Promissory Note or the Security Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Guarantee (Hutchison Whampoa LTD /Wav), Guarantee (Orascom Telecom Holding S.A.E.)
Waiver of defences. The obligations provisions of each Guarantor under this Clause 17 Agreement will not be affected by an act, omission, matter or thing which, but for this ClauseClause 18.4 (Waiver of defences), would reduce, release or prejudice any the ranking of its obligations under liabilities and priorities expressed to be created by this Clause 17 Agreement including (without limitation and whether or not known to it or any Finance Party) including:):
(aA) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(bB) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupObligor;
(cC) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-non presentation or non-non observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any securitySecurity;
(dD) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an any Obligor or any other person;
(eE) any amendment, novation, supplement, extension, extension (whether of maturity or otherwise) or restatement (in each case, however fundamental and of whatsoever nature, and whether or not more onerous) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(fF) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security;
(G) any intermediate Payment of any of the Liabilities owing to the Creditors in whole or in part; or
(gH) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Intercreditor and Security Sharing Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Waiver of defences. The obligations of each Guarantor under this Clause 17 (Guarantee and Indemnity) will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other personPerson;
(b) the release of any other Obligor or any other person Person under the terms of any composition or arrangement with any creditor of any member of the BMS Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person Person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other personPerson;
(e) any amendment, novation, supplement, extension, restatement amendment (however fundamental and whether or not more onerousfundamental) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person Person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Single Currency Term Facility Agreement (Bristol Myers Squibb Co), Single Currency Term Facility Agreement (Bristol Myers Squibb Co)
Waiver of defences. The obligations of each Guarantor under this Clause 17 19 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 19, would reduce, release or prejudice any of its obligations under this Clause 17 19 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupGroup or any other person;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Cascal N.V.), Facility Agreement (Cascal B.V.)
Waiver of defences. The obligations of each the Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which(whether or not known to it or the Lender) that, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) them, including:
(a) any time, waiver or consent granted to, to the Borrower or composition with, any Obligor or other person;
(b) the release of any other Obligor the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Groupperson;
(c) the taking, variation, compromise, exchange, renewal renewal, enforcement or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security Security over assets of, the Borrower or any Obligor or other person or person;
(d) any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any securityTransaction Security;
(de) any incapacity or lack of power, authority or legal personality of of, or dissolution or change in the constitution, members or status of an Obligor of, the Borrower or any other person;
(ef) any amendment, novation, supplement, extension, restatement (however fundamental and whether replacement, assignment, avoidance or not more onerous) or replacement termination of any Finance Document or any other document or security Transaction Security, in each case however fundamental and whether or not more onerous including without limitation any change in the purpose of, any extension of or any increase in in, any facility facility, or the addition of any new facility under any Finance Document or other document or securityfacility;
(fg) any unenforceability, illegality or invalidity of any obligation of of, or any person under any Finance Document Transaction Security or any other document or securitySecurity; or
(gh) any insolvency insolvency, liquidation, administration or similar proceedingsprocedure.
Appears in 2 contracts
Samples: Facility Agreement (Transatlantic Petroleum Ltd.), Trade Finance Term Loan Facility (Transatlantic Petroleum Ltd.)
Waiver of defences. The obligations of each Guarantor under this Clause 17 18 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 18, would reduce, release or prejudice any of its obligations under this Clause 17 18 (without limitation and whether or not known to it or any Finance Partythe Lender) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupGroup Member;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an any Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security;
(g) any claims or set-off right that a Guarantor may have;
(h) this Agreement or any other Finance Document not being executed by or binding against any other Guarantor or any other party; or
(gi) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facility Agreement (Sequoia Capital China I Lp), Facility Agreement (Chiu Na Lai)
Waiver of defences. The Neither the subordination in this Deed nor the obligations of each Guarantor under this Clause 17 will not the Obligor or the Subordinated Party shall be affected in any way by an act, omission, matter or thing which, but for this ClauseClause 8, would reduce, release or prejudice the subordination or any of its those obligations under this Clause 17 (in whole or in part, including, without limitation and whether or not known to it or any Finance Party) includinglimitation, the following:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Groupperson;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, extension (whether of maturity or otherwise) or restatement (in each case, however fundamental and whether or not more onerousof whatever nature) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or;
(g) any insolvency or similar proceedings; or
(h) any postponement, discharge, reduction, non-provability or other similar circumstance affecting any obligation of any person under any Finance Document resulting from any insolvency, liquidation or dissolution proceedings or from any law, regulation or order.
Appears in 2 contracts
Samples: Facility Agreement (Vaalco Energy Inc /De/), Common Terms Agreement (Kosmos Energy Ltd.)
Waiver of defences. The obligations of each Facility Guarantor under this Clause 17 8 (Guarantee and Indemnity) will not be affected by an act, omission, matter or thing which, but for this ClauseClause 8 (Guarantee and Indemnity), would reduce, release or prejudice any of its obligations under this Clause 17 8 (Guarantee and Indemnity) (without limitation and whether or not known to it or any Finance Partyit) including:
(a) 8.4.1 any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) 8.4.2 the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupObligor;
(c) 8.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) 8.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) 8.4.5 any amendment, novation, supplement, extensionextension (whether of maturity or otherwise), restatement (in each case however fundamental and of whatsoever nature and whether or not more onerous) or replacement of any a Finance Document or any other document or security including (including, without limitation limitation, any change in the purpose of, any extension of of, or any variation or increase in any facility or amount made available under any facility or the addition of any new facility under any Finance Document or other document or securitydocuments);
(f) 8.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) 8.4.7 any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Subordination and Obligors' Undertaking Agreement, Subordination and Obligors' Undertaking Agreement
Waiver of defences. The obligations of each Guarantor Loan Party under this Clause 17 19 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 19, would reduce, release or prejudice any of its obligations under this Clause 17 19 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, the Borrower or any Obligor Loan Party or other person;
(b) the release of any other Obligor Loan Party or the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, the Borrower or any Obligor Loan Party or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor the Borrower or any other Loan Party or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any a Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Syndication and Amendment Agreement (Igate Corp), Facilities Agreement (Igate Corp)
Waiver of defences. The obligations of each Guarantor under this Clause 17 22 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 22, would reduce, release or prejudice any of its obligations under this Clause 17 22 (without limitation and whether or not known to it or any Finance PartyPari Passu Creditor) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor Debtor or other person;
(b) the release of any other Obligor Debtor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor Debtor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor Debtor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance a Pari Passu Debt Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Pari Passu Debt Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Pari Passu Debt Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Intercreditor Agreement (Selina Hospitality PLC), Intercreditor Agreement (Selina Hospitality PLC)
Waiver of defences. The obligations of each Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which, but for this Clause, Clause 17 would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, execute, take up or enforce, enforce any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement amendment (however fundamental and whether or not more onerousfundamental) or replacement of any a Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or;
(g) any insolvency or similar proceedings; or
(h) this Agreement or any other Finance Document not being executed by or binding against any other Guarantor or any other party.
Appears in 2 contracts
Samples: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (Holdings) LTD)
Waiver of defences. The obligations of each Guarantor under this Clause 17 clause 18 will not be affected by an act, omission, matter or thing (whether or not known to it or any Finance Party) which, but for this Clauseclause, would reduce, release or prejudice any of its obligations under this Clause 17 clause 18 including (without limitation and whether or not known to it or any Finance Party) including:limitation):
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Groupother Obligor;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Secured Credit Facility Agreement, Secured Credit Facility Agreement (Seadrill Partners LLC)
Waiver of defences. The liabilities and obligations of each Guarantor under this Clause 17 will a Borrower shall not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Party) includingimpaired by:
(a) this Agreement being or later becoming void, unenforceable or illegal as regards the other Borrower;
(b) any Lender or the Security Agent entering into any rescheduling, refinancing or other arrangement of any kind with the other Borrower;
(c) any Lender or the Security Agent releasing the other Borrower or any Security created by a Finance Document; or
(d) any time, waiver or consent granted to, or composition with, with the other Borrower or any Obligor or other person;
(be) the release of any the other Obligor Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(cf) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, the other Borrower or any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(dg) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor the other Borrower or any other person;
(eh) any amendment, novation, supplement, extension, restatement (however fundamental fundamental, and whether or not more onerous) or replacement of any a Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(fi) any unenforceability, illegality or invalidity of any obligation of or any person under any Finance Document or any other document or security; or
(gj) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facility Agreement (Okeanis Eco Tankers Corp.), Facility Agreement (Okeanis Eco Tankers Corp.)
Waiver of defences. The obligations of each Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 17, would reduce, release or prejudice any of its obligations under this Clause 17 (without limitation and whether or not known to it or any Finance Secured Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupGroup or any other person;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 2 contracts
Samples: Facility Agreement (Solutia Inc), Facility Agreement (Solutia Inc)
Waiver of defences. The obligations of each Guarantor under this Clause 17 19 will not be affected by an any act, omission, matter or thing which, but for this ClauseClause 19, would reduce, release or prejudice any of its obligations under this Clause 17 19 (without limitation and whether or not known to it or any Finance Party) including:
(a) any time, waiver or consent granted to, or composition with, any Obligor or other person;
(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;
(e) any amendment, novation, supplement, extension, extension (whether of maturity or otherwise) or restatement (in each case, however fundamental and of whatsoever nature, and whether or not more onerous) or replacement of any a Finance Document or any other document or security security, including without limitation any change in the purpose oflimitation, any extension of amendments or any increase in any facility or waiver contemplated under the addition of any new facility under any Finance Document or other document or securityArrangement Fee Letter;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 1 contract
Samples: Senior Facilities Agreement (Melco PBL Entertainment (Macau) LTD)
Waiver of defences. The liabilities and obligations of each Guarantor under this Clause 17 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 17 a Borrower (without limitation and whether or not known to it or any Finance Secured Party) includingshall not be impaired by:
(a) this Agreement being or later becoming void, unenforceable or illegal as regards any other Borrower;
(b) any Lender or the Security Agent entering into any rescheduling, refinancing or other arrangement of any kind with any other Borrower;
(c) any Lender or the Security Agent releasing any other Borrower or any Security created by a Finance Document; or
(d) any time, waiver or consent granted to, or composition with, with any Obligor other Borrower or other person;
(be) the release of any other Obligor Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(cf) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor other Borrower or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(dg) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor any other Borrower or any other person;
(eh) any amendment, novation, supplement, extension, restatement (however fundamental fundamental, and whether or not more onerous) or replacement of any a Finance Document or any other document or security including including, without limitation limitation, any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(fi) any unenforceability, illegality or invalidity of any obligation of or any person under any Finance Document or any other document or security; or
(gj) any insolvency or similar proceedings.
Appears in 1 contract
Samples: Term Loan Facility Agreement (Castor Maritime Inc.)
Waiver of defences. The obligations of each the Guarantor under this Clause 17 2 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 2, would reduce, release or prejudice any of its obligations under this Clause 17 2 (without limitation and whether or not known to it or any Finance Party) includingthe Lender including (but not limited to:
(a) any time, waiver or consent granted to, or composition with, any Obligor the Borrower or other person;
(b) the release of any other Obligor the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor the Borrower or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;
(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor the Borrower or any other person;
(e) any amendment, novation, supplement, extension, restatement amendment (however fundamental and whether or not more onerousfundamental) or replacement of any a Finance Document Document, a Swap Agreement or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document Document, any Swap Agreement or any other document or security; or
(g) any insolvency or similar proceedings.
Appears in 1 contract
Samples: Term Loan Facility Agreement (B Plus H Ocean Carriers LTD)
