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Common use of Waiver of defences Clause in Contracts

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 12 contracts

Samples: Credit Facility (Tele2 Ab), Supplemental Agreement (Enodis PLC), Credit Facility Agreement (Enodis PLC)

Waiver of defences. The obligations of each Guarantor under this Clause 18 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 18 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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 10 contracts

Samples: Amendment and Restatement Agreement (Abb LTD), Facility Agreement (Intercontinental Hotels Group PLC /New/), Facility Agreement (Intercontinental Hotels Group PLC /New/)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing (whether or not known to it or any Finance Party) which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party)Clause. This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 (present or future) 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (h) any insolvency or similar proceedings.

Appears in 5 contracts

Samples: Facility Agreement (TTM Technologies Inc), Facility Agreement (TTM Technologies Inc), Facility Agreement (TTM Technologies Inc)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing (whether or not known to it or any Finance Party) which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party)Clause. This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a 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; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (h) any insolvency or similar proceedings.

Appears in 5 contracts

Samples: Credit Facilities Agreement (Amec PLC), Credit Facilities Agreement (Amec PLC), Credit Facilities Agreement (Amec PLC)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing (whether or not known to it or any Finance Party) which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party)Clause. This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (h) any insolvency or similar proceedings.

Appears in 5 contracts

Samples: Credit Agreement, Credit Agreement (Eros International PLC), Revolving Credit Facility (Sara Lee Corp)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (h) any insolvency or similar proceedings.

Appears in 4 contracts

Samples: Credit Facilities Agreement (Liberty Global, Inc.), Credit Facilities Agreement (Liberty Global, Inc.), Credit Facilities Agreement (Liberty Global, Inc.)

Waiver of defences. The obligations of each Guarantor under this Clause 19 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause 19, would reduce, release or prejudice any of its obligations under this Clause 19 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Borrower or other person; (b) any the release of any Borrower or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of a Borrower or any other person; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Facilities Agreement (Cemex Sab De Cv), Acquisition Facilities Agreement (Cemex Sab De Cv), Acquisition Facilities Agreement (Cemex Sa De Cv)

Waiver of defences. The obligations of each Guarantor under this Clause 19 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause 19, would reduce, release or prejudice any of its obligations under this Clause 19 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Debt Bridge Facility Agreement (Xstrata PLC), Debt Bridge Facility Agreement (Xstrata PLC), Multicurrency Loan Facility and Subscription Agreement (Xstrata PLC)

Waiver of defences. The obligations of each the Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 4 contracts

Samples: Credit Facility Agreement (Danaos Corp), Credit Facility Agreement (Centex Corp), Credit Facility Agreement (International Paper Co /New/)

Waiver of defences. The obligations of each Guarantor under this Clause 17 will not be affected by any act, omission omission, matter or thing which, but for this provisionClause, 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). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document an Obligor or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.person;

Appears in 4 contracts

Samples: Bond Bridge Facility Agreement (Coca-Cola HBC AG), Squeeze Out Facility Agreement (Coca-Cola HBC AG), Bond Bridge Facility Agreement (Coca-Cola HBC AG)

Waiver of defences. The obligations of each Guarantor under this Clause 17 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, 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). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Single Currency Term Facility Agreement (General Geophysics Co), Secured Facilities Agreement (Citigroup Inc), Secured Facilities Agreement (Citigroup Inc)

Waiver of defences. The obligations of each Guarantor under this Clause 18 will not be affected by any act, omission omission, matter or thing which, but for this provisionClause 18, would reduce, release or prejudice any of its obligations under this Clause 18 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Multicurrency Revolving Facility Agreement (Luxottica Group Spa), Facility Agreement (Luxottica Group Spa), Facilities Agreement (Luxottica Group Spa)

Waiver of defences. The obligations of each Guarantor under this Clause 18 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause 18, would reduce, release or prejudice any of its obligations under this Clause 18 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Loan Facility Agreement (Xstrata PLC)

Waiver of defences. The obligations of each the Guarantor under this Clause will not be affected by any act, omission or thing (whether or not known to it or any Finance Party) which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party)Clause. This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (h) any insolvency or similar proceedings.

Appears in 3 contracts

Samples: Sponsor Construction and Post Delivery Guarantee (Ocean Rig UDW Inc.), Sponsor Construction and Post Delivery Guarantee (Ocean Rig UDW Inc.), Sponsor Guarantee (Ocean Rig UDW Inc.)

Waiver of defences. The obligations of each Guarantor the Chargor under this Clause Deed will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause Deed (whether or not known to it the Chargor or any Finance PartyLender). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any the release of any person under the terms of any composition or arrangement; (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 person; (d) any non-presentation 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 security; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 2 contracts

Samples: Mortgage of Shares (Warp Technology Holdings Inc), Mortgage of Shares (Warp Technology Holdings Inc)

Waiver of defences. The obligations of each Guarantor under this Clause 21 will not be affected by any act, omission omission, matter or thing which, but for this provisionClause 21, would reduce, release or prejudice any of its obligations under this Clause 21 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: £200,000,000 Multi Currency Term, Revolving Credit Facilities Agreement (Iron Mountain Inc), Multi Currency Term, Revolving Credit Facilities Agreement (Iron Mountain Inc/Pa)

Waiver of defences. The obligations of each Guarantor under this Clause 18 will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause 18 (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 2 contracts

Samples: Finance Agreement, Subordinated Equity Bridge Credit Facilities (Imperial Tobacco Group PLC)

Waiver of defences. The obligations of each Corporate Guarantor under this Clause 28 (Guarantee and Indemnity) will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause 28 (Guarantee and Indemnity), would reduce, release or prejudice any of its obligations under this Clause 28 (Guarantee and Indemnity) (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any the Borrower or other person; (b) any the release of any other Security Party or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document the Borrower or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.person;

Appears in 2 contracts

Samples: Loan Agreement (Castor Maritime Inc.), Loan Agreement (Toro Corp.)

Waiver of defences. The obligations of each Guarantor under this Clause 18 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 18 (without limitation and whether or not known to it or any a Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement with any creditor of any 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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 (Salton Inc), Facility Agreement (Salton Inc)

Waiver of defences. The obligations of each Guarantor under this Clause 19 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 19 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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 Facilities Agreement (Sage Group PLC), Term Facilities and Revolving Credit Agreement (SGL Carbon Aktiengesellschaft)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Senior Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Senior Finance Document or any other document or security.

Appears in 2 contracts

Samples: Senior Credit Facility (Smurfit Kappa Funding PLC), Senior Credit Facility Agreement (JSG Funding PLC)

Waiver of defences. The obligations of each Guarantor under this Clause 21 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 21 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Third Amendment Agreement (Kronos International Inc), Second Amendment Agreement (Kronos International Inc)

Waiver of defences. The obligations of each Guarantor under this Clause 20 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 20 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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 (Enodis PLC), Facilities Agreement (Coca-Cola Hellenic Bottling Co Sa)

Waiver of defences. The obligations of each Guarantor the Company under this Clause will not be affected by any act, omission or thing (whether or not known to it or any Finance Party) which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party)Clause. This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (h) any insolvency or similar proceedings.

Appears in 2 contracts

Samples: Credit Facility Agreement (PPG Industries Inc), Credit Facility (PPG Industries Inc)

Waiver of defences. The obligations of each Guarantor the Chargor under this Clause Deed will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause Deed (whether or not known to it or any Finance Secured Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Loan Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Loan Document or any other document or securitysecurity or the failure by any member of the Group to enter into or be bound by any Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)

Waiver of defences. The obligations of each the Guarantor under this Clause 7 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 7 (without limitation and whether or not known to it or any Finance Party). This includesthe Lender) including: (a) any time time, waiver or waiver consent granted to, or composition with, any the Borrower or other person; (b) any the release of the Borrower or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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 Facility Agreement (Grindrod Shipping Holdings Ltd.), Term Facility Agreement (Grindrod Shipping Holdings Ltd.)

Waiver of defences. The obligations of each Guarantor a Chargor under this Clause Security Agreement will not be affected by any act, omission or thing (whether or not known to it or any Secured Party) which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party)Security Agreement. This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or incapacity, lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Second Lien Note Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Second Lien Note Document or any other document or securitysecurity or the failure by that Chargor or any of its Subsidiaries to enter into or be bound by any Second Lien Note Document.

Appears in 2 contracts

Samples: Security Agreement (Gates Global Inc.), Security Agreement (Gates Engineering & Services FZCO)

Waiver of defences. The obligations of each Guarantor the Borrower under this Clause 2 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 2 (without limitation and whether or not known to it or any Finance Party). This includesthe Guarantor) including: (a) any time time, waiver or waiver consent granted to, or composition with, any the Borrower or other person; (b) any the release of the Borrower or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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 release the full value of any security; (ed) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Counter Indemnity Agreement, Counter Indemnity Agreement (Tim Participacoes Sa)

Waiver of defences. The obligations of each the Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Transferring Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document this Agreement or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document this Agreement or any other document or security.

Appears in 2 contracts

Samples: Debt Transfer Agreement (Cordiant Communications Group PLC /Adr), Debt Transfer Agreement (Cordiant Communications Group PLC /Adr)

Waiver of defences. The obligations of each Guarantor under this Clause 21 will not be affected by any act, omission omission, matter or thing which, but for this provisionClause 21, would reduce, release or prejudice any of its obligations under this Clause 21 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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 security; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Senior Facilities Agreement (Sirona Dental Systems, Inc.), Senior Facilities Agreement (Sirona Dental Systems, Inc.)

Waiver of defences. The obligations of each Guarantor under this Clause 17 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, 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). This includesthe Lender) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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 (WABCO Holdings Inc.), Facility Agreement (WABCO Holdings Inc.)

Waiver of defences. The obligations of each Guarantor a Chargor under this Clause Security Agreement will not be affected by any act, omission or thing (whether or not known to it or any Secured Party) which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party)Security Agreement. This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or incapacity, lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Loan Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Loan Document or any other document or securitysecurity or the failure by that Chargor or any of its Subsidiaries to enter into or be bound by any Loan Document.

Appears in 2 contracts

Samples: Security Agreement (Gates Global Inc.), Security Agreement (St. Augustine Real Estate Holding LLC)

Waiver of defences. The obligations of each the Guarantor under this Clause 6 will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause 6 (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any Obligor or other person; (b) any release of any an Obligor or other person under the terms of any composition or arrangement; (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; (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; (e) 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; (f) any amendment (however fundamental) of a Finance Transaction Document or any other document or security; (g) any unenforceability, illegality or invalidity of any obligation of any person under any Transaction Document or any other document or security; or (gh) any unenforceability, illegality, invalidity insolvency or non-provability of any obligation of any person under any Finance Document or any other document or securitysimilar proceedings.

Appears in 2 contracts

Samples: Secured Coordination Agreement (Rhodia), Secured Coordination Agreement (Rhodia)

Waiver of defences. The subordination in this Agreement and the obligations of each Guarantor Junior Creditor, Subordinated Creditor and each Obligor under this Clause Agreement will not be affected by any act, omission omission, matter or thing which, but for this provision, would reduce, release or prejudice the subordination or priorities or any of its obligations under this Clause (whether or not known to it or any Finance Party). This includesthose obligations, including: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) or replacement of a any Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or securitysecurity or the failure by any member of the Group to enter into or be bound by any Finance Document.

Appears in 1 contract

Samples: Priority Agreement (Kabel Deutschland GmbH)

Waiver of defences. The obligations of each the Guarantor under this Clause 18 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 18 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any the Borrower or other person; (b) any the release of the Borrower or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Multicurrency Revolving Facility Agreement (International Flavors & Fragrances Inc)

Waiver of defences. The obligations of each Guarantor the Chargor under this Clause Deed will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause Deed (whether or not known to it the Chargor or any Finance Partythe Lender). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any the release of any person under the terms of any composition or arrangement; (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 person; (d) any non-presentation 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 security; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document Financing Agreement or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document Financing Agreement or any other document or security; or (h) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Mortgage of Shares (Inyx Inc)

Waiver of defences. The obligations of each the Guarantor under this Clause will not be affected by any act, omission or thing (whether or not known to the Guarantor or Investor) which, but for this provision, would reduce, release or prejudice any of its his obligations under this Clause (whether or not known to it or any Finance Party)Clause. This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangementarrangement with any creditor of any Obligor or any other 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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (h) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Subscription Agreement

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Partythe Purchaser). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or securityFacility Document; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Facility Document or the failure by any other document Obligor to enter into or securitybe bound by any Facility Document.

Appears in 1 contract

Samples: Master Agreement (Chemtura CORP)

Waiver of defences. The obligations of each Guarantor the Company under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Credit Facility Agreement (Converium Holding Ag)

Waiver of defences. The obligations of each Guarantor the Guarantors under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause 16 (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Revolving Credit Facility (Quintana Maritime LTD)

Waiver of defences. The obligations of each Guarantor the Grantor under this Clause Agreement will not be affected by any act, omission omission, matter or thing whichthat, but for this provisionClause 11.5, would reduce, release or prejudice any liability or obligation of its obligations the Grantor under this Clause Agreement (whether or not known to it or any Finance Partyit). This includes, including: (a) any time time, waiver, concession, consent or waiver indulgence granted to, or composition with, to any person; (b) any the release of any person under the terms of any composition or arrangement; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, against or security over assets of, the property of any person; (d) any non-presentation or non-observance of any formality or other requirement in respect of any instrument or document; (e) any failure to realise the full value of any security; (ef) any incapacity or lack of power, authority or legal personality of personality, or dissolution or change in the members or status status, of any person; (fg) any amendment (however fundamental) of a any Finance Document or any other document or security; or; (gh) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; and (i) any bankruptcy proceedings.

Appears in 1 contract

Samples: Specific Security Agreement

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangementarrangement with any 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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Credit Facility Agreement (Shurgard Storage Centers Inc)

Waiver of defences. The obligations of each Guarantor the Company under this Clause Guarantee will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause Guarantee (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Credit Facility (Vivendi Universal)

Waiver of defences. The obligations of each Guarantor under this Clause 19 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 19 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement with any creditor of any Group 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Term Facilities and Revolving Credit Agreement (SGL Carbon Aktiengesellschaft)

Waiver of defences. The obligations Without prejudice to Clause 8 of each Guarantor under this Clause Deed, the provisions of this Deed will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under the subordination and priorities in this Clause (whether or not known to it or any Finance Party). This includesDeed including: (a) any time time, waiver or waiver consent granted to, or composition with, with any person; (b) any release of any person under the terms of any composition or arrangement; (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 person; (d) member of the Group 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 in each case prior to the Enforcement Date; (ec) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (fd) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (ge) any unenforceability, illegality, illegality or invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (f) any intermediate payment or discharge of any of the Liabilities in whole or in part.

Appears in 1 contract

Samples: Senior Facilities Agreement (Telewest Global Inc)

Waiver of defences. The obligations of each the Guarantor under this Clause 18 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 18 (without limitation and whether or not known to it or any Finance Party). This includesthe Lender) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of the Guarantor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Facility Agreement (Harsco Corp)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing (whether or not known to that Guarantor or Investor) which, but for this provision, would reduce, release or prejudice any of its that Guarantor’s obligations under this Clause (whether or not known to it or any Finance Party)Clause. This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangementarrangement with any creditor of any Obligor or any other 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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (h) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Subscription Agreement

Waiver of defences. The subordination in this Agreement and the obligations of each Guarantor the Junior Creditor under this Clause Agreement will not be affected by any act, omission omission, matter or thing which, but for this provision, would reduce, release or prejudice the subordination or any of its obligations under this Clause (whether or not known to it or any Finance Party)those obligations. This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or; (g) any unenforceability, illegality, illegality or invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (h) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Credit Facilities Agreement (Viasystems Inc)

Waiver of defences. The obligations of each Guarantor the Guarantors under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause 14 (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Credit Facility Agreement (Quintana Maritime LTD)

Waiver of defences. The subordination in this Agreement and the obligations of each Guarantor the Junior Creditor under this Clause Agreement will not be affected by any act, omission omission, matter or thing which, but for this provision, would reduce, release or prejudice the subordination or any of its obligations under this Clause (whether or not known to it or any Finance Party)those obligations. This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, illegality or invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Term and Revolving Credit Facility Agreement (Kellwood Co)

Waiver of defences. The Neither this Security nor the obligations of each Guarantor the Security Provider under this Clause Agreement will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice this Security or any of its obligations under this Clause Agreement (whether or not known to it or any Finance Partythe Security Trustee). This includesincludes in each case to the extent permitted under applicable law: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Security Agreement (Private Media Group Inc)

Waiver of defences. The obligations of each Guarantor Chargor under this Clause Deed will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause Deed (whether or not known to it or any Finance Secured Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement;: (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Loan Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Loan Document or any other document or securitysecurity or the failure by any member of the Group to enter into or be bound by any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Novelis South America Holdings LLC)

Waiver of defences. The obligations of each Guarantor under this Clause 17 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, 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). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; (g) any insolvency or similar proceedings; or (h) this Agreement or any other Finance Document not being executed by or binding against any person.

Appears in 1 contract

Samples: Facility Agreement (Energizer Holdings Inc)

Waiver of defences. The obligations of each Guarantor under this Clause 24 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause 24, would reduce, release or prejudice any of its obligations under this Clause 24 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Multicurrency Senior Term, Bridge and Revolving Credit Facilities Agreement (Randstad North America, L.P.)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes:includes (without limitation): (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Credit Facility (Mittal Steel Co N.V.)

Waiver of defences. The obligations of each Guarantor under this Clause 36 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 36 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Multi Currency Revolving Credit Agreement (Abb LTD)

Waiver of defences. The obligations of each Guarantor the Mortgagor under this Clause Deed will not be affected by any act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any obligation or liability of its obligations the Mortgagor under this Clause Deed (whether or not known to it or any Finance Partyit). This includes, including: (a) any time time, waiver, concession or waiver indulgence granted to, or composition with, to any person; (b) any the release of any person under the terms of any composition or arrangement; (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 over, any assets of, 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; (e) any incapacity or lack of power, authority or legal personality of of, or dissolution or change in the members or status of of, any person; (f) any amendment (however fundamentalfundamental or onerous) or replacement of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.;

Appears in 1 contract

Samples: Facility Agreement (China Mengniu Dairy Co LTD)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any personPerson; (b) any release of any person Person under the terms of any composition or arrangement; (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 personPerson; (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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any personPerson; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Credit Facility Agreement (Aramark Corp/De)

Waiver of defences. The obligations of each Guarantor the Government under this Clause will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause including (without limitation and whether or not known to it or any Finance Party). This includes:the Supplier): (a) any time time, waiver or waiver consent granted to, or composition with, any person; (b) any the release of CEB or any other person under the terms of any composition or arrangementarrangement with any creditor; (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, 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document [the Gas Sales Agreement] or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any obligations under [the Gas Sales Agreement] or other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document [the Gas Sales Agreement] or any other document or security; or (h) any insolvency, resolution or similar proceedings.

Appears in 1 contract

Samples: Implementation Agreement

Waiver of defences. The obligations of each Guarantor the Company under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes:includes (without limitation): (a) any time or waiver granted to, or composition with, any person;; Table of Contents (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Facilities Agreement (Mittal Steel Co N.V.)

Waiver of defences. The obligations of each the Guarantor under this Clause 18 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause 18, would reduce, release or prejudice any of its obligations under this Clause 18 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of the Borrower or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Dual Currency Term Facility Agreement (Xstrata PLC)

Waiver of defences. The obligations of each Guarantor under this Clause 18 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 18 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement with any creditor of any Group 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Facilities Agreement (Abb LTD)

Waiver of defences. The obligations of each Guarantor under this Clause 14 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 14 (without limitation and whether or not known to it or any Finance Party). This includesthe Lender) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Working Capital Bridge Facility Agreement (Moscow Cablecom Corp)

Waiver of defences. The obligations of each the Guarantor under this Clause will not be affected by any act, omission or thing (whether or not known to it or any Finance Party) which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party)Clause. This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) ; any amendment (however fundamental) of a Finance Document or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.; or

Appears in 1 contract

Samples: Sponsor Guarantee (Ocean Rig UDW Inc.)

Waiver of defences. The obligations of each Guarantor under this Clause 13 will not be affected by any an act, omission omission, matter or thing (whether or not known to it or any Senior Finance Party) which, but for this provision, would reduce, release release, prejudice or prejudice provide a defence to any of its those obligations under this Clause (whether or not known to it or any Finance Party). This includesincluding: (a) any time time, waiver, release or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement with any creditor of any Group 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Senior Finance Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation or any person under any Senior Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity insolvency or non-provability of any obligation of any person under any Finance Document or any other document or securitysimilar proceedings.

Appears in 1 contract

Samples: Senior Credit Agreement (Shurgard Storage Centers Inc)

Waiver of defences. The obligations of each Guarantor the Issuer under this Clause will Agreement shall not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause Agreement (whether or not known to it or any Finance Secured Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 person; (d) 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 security; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document this Agreement or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-non provability of any obligation of any person under any Finance Document this Agreement or any other document or security; or (h) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Security Trust Agreement

Waiver of defences. The obligations of each the Guarantor under this Clause 20 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 20 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any a Borrower or other person; (b) any the release of a Borrower or any other person under the terms of any composition or arrangementarrangement 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 person; (d) a 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; (ed) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of a Borrower or any other person; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (g) any insolvency or similar proceedings to the extent permitted under applicable law.

Appears in 1 contract

Samples: Facility Agreement (Whirlpool Corp /De/)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance PartyParty or any Finance Party under the Capex Facility Agreement). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document Document, the Capex Facility Agreement or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document Document, the Capex Facility Agreement or any other document or securitysecurity or the failure by any member of the Group to enter into or be bound by any Finance Document; or (h) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Credit Agreement (Merix Corp)

Waiver of defences. The obligations of each Guarantor Chargor under this Clause Deed will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause Deed (without limitation and whether or not known to it or any Finance Party). This includesBurdale) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement with any creditor of any Obligor 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Deed of Debenture (Atchison Casting Corp)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or securitysecurity or the failure by any member of the Group to enter into or be bound by any Finance Document.

Appears in 1 contract

Samples: Credit Facilities Agreement (Hungarian Telephone & Cable Corp)

Waiver of defences. The obligations of each Guarantor the Chargor under this Clause Deed will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause Deed (whether or not known to it the Chargor or any Finance Secured Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any the release of any person under the terms of any composition or arrangement; (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 person; (d) any non-presentation 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 security; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (h) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Security Agreement (GCL Silicon Technology Holdings Inc.)

Waiver of defences. The obligations of each Guarantor the Chargor under this Clause Deed will not be affected by any act, omission or thing (whether or not known to it or any Finance Party) which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party)Deed. This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or securitysecurity or the failure by any member of the Group to enter into or be bound by any Finance Document; or (h) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Security Agreement (Yingli Green Energy Holding Co LTD)

Waiver of defences. The Neither the obligations of each Guarantor the Assignor under this Clause Deed nor the Charges will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, reduce release or prejudice any of its obligations under this Clause any Finance Document of any of the Charges (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, the Assignor or any other person; (b) any the release of any person under the terms of any composition or arrangementarrangement 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, enforce any rights against, or security over assets of, any person; (d) 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; (ed) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, . illegality or invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (g) any insolvency or similar proceeding.

Appears in 1 contract

Samples: Facility Agreement (PT Indosat TBK)

Waiver of defences. The subordination in this Agreement and the obligations of each Guarantor Senior Subordinated Finance Party and each Obligor under this Clause Agreement will not be affected by any act, omission omission, matter or thing which, but for this provision, would reduce, release or prejudice the subordination or any of its obligations under this Clause (whether or not known to it or any Finance Party). This includesthose obligations, including: (a) any time or waiver granted to, or composition with, any arty person; (b) any release of any person under the terms of any composition or arrangement; (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 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 fill value of any security; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f1) any amendment (however fundamental) or replacement of a any Secured Debt Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Intercreditor Agreement (Premier Foods PLC)

Waiver of defences. The subordination in this Deed and the obligations of each Guarantor HYB Creditor under this Clause Deed will not be affected by any act, omission omission, matter or thing which, but for this provision, would reduce, release or prejudice the subordination of any of its obligations under this Clause (whether or not known to it or any Finance Party)those obligations. This includes: (a) any time or waiver granted to, or composition with, with any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Credit Document or any other document or security, other than, following an increase in the principal amount of the Senior Facilities, in respect of the principal amount of such increase which does not qualify as Senior Debt in accordance with the provisions of the XX Xxxx Indenture; or (g) any unenforceability, illegality, illegality or invalidity or non-provability of any obligation of any person under any Finance Credit Document or any other document or security.

Appears in 1 contract

Samples: Intercreditor and Security Trust Agreement (Waterford Wedgwood PLC)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provisionClause 17.4, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or securitysecurity or the failure by any member of the Group to enter into or be bound by any Finance Document; or (h) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Credit Facilities Agreement (Viasystems Inc)

Waiver of defences. The obligations of each Guarantor the Chargor under this Clause Deed will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause Deed (whether or not known to it or any Finance Partythe Security Agent). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or incapacity, lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Loan Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Loan Document or any other document or securitysecurity or the failure by any Obligor to enter into or be bound by any Loan Document.

Appears in 1 contract

Samples: Deed of Charge (Great Wall Acquisition Corp)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any personperson other than that Guarantor; (b) any release of any person other than that Guarantor under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, illegality or invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Credit Facility Agreement (Telesystem International Wireless Inc)

Waiver of defences. The obligations of each Guarantor under this Clause 19 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause 19, would reduce, release or prejudice any of its obligations under this Clause 19 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Borrower or other person; (b) any the release of any Borrower or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of a Borrower or any other person; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Acquisition Facilities Agreement (Cemex Sa De Cv)

Waiver of defences. The obligations of each Guarantor Chargor under this Clause Deed will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause Deed (whether or not known to it or any Finance Secured Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Loan Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Loan Document or any other document or securitysecurity or the failure by any member of the Group to enter into or be bound by any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Novelis South America Holdings LLC)

Waiver of defences. The obligations of each Guarantor the Company under this Clause Debenture will not be affected by any an act, omission omission, matter or thing which, but for (other than a release of this provision, Debenture in writing pursuant to Clause 18 (Release of Security)) which would reduce, release or prejudice any of its obligations under this Clause (without limitation and whether or not known to it or any Finance Secured Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, the Company, any Credit Party or any other person; (b) any the release of any Credit Party or any other person under the terms of any composition or arrangementarrangement with any creditor of any 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, the Company, any person; (d) Credit Party or any 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; (ed) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Lc Procurement Agreement (Endeavour International Corp)

Waiver of defences. The obligations of each Guarantor the Owner under this Clause Deed will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause Deed (without limitation and whether or not known to it or to any Finance Secured Party). This includes, including: (a) any time time, waiver or waiver consent granted to, or composition with, any Debtor or any other person; (b) any the release of any person under the terms of Debtor or any composition or arrangementother 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 Debtor or any other 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any Debtor or any other person; (f) any amendment (however fundamental) or replacement of a Finance Debt Document or any other document or security; (g) any unenforceability, illegality or invalidity of any obligation of any person under any Debt Document or any other document or security; or (gh) any unenforceability, illegality, invalidity insolvency or non-provability of any obligation of any person under any Finance Document or any other document or securitysimilar proceedings.

Appears in 1 contract

Samples: Facility Agreement (Global Ship Lease, Inc.)

Waiver of defences. The Neither the obligations of each Guarantor the Assignor under this Clause Deed nor the Charges will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause any Finance Document of any of the Charges (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, the Assignor or any other person; (b) any the release of any person under the terms of any composition or arrangementarrangement 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, enforce any rights against, or security over assets of, any person; (d) 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; (ed) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (g) any insolvency or similar proceeding.

Appears in 1 contract

Samples: Facility Agreement (PT Indosat TBK)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; oror 34 31 (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Partnership Agreement (Centex Development Co Lp)

Waiver of defences. The obligations of each Guarantor Chargor under this Clause Deed will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause Deed (without limitation and whether or not known to it or any Finance Party). This includesCongress) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement with any creditor of any Obligor 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document Financing Agreement or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Financing Agreement or any other document or security; or (g) any unenforceability, illegality, invalidity insolvency or non-provability of any obligation of any person under any Finance Document or any other document or securitysimilar proceedings.

Appears in 1 contract

Samples: Guarantee and Debenture (Mad Catz Interactive Inc)

Waiver of defences. The obligations of each Guarantor under this Clause 20 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 20 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) Obligor or other person or any non-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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Term and Revolving Facilities Agreement (Sodexho Alliance S A)

Waiver of defences. The obligations of each Guarantor the Mortgagor under this Clause Deed will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause Deed (whether or not known to it the Mortgagor or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or securitysecurity or the failure by any member of the Group to enter into or be bound by any Finance Document; or (h) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Share Mortgage (Yingli Green Energy Holding Co LTD)

Waiver of defences. The obligations of each the Guarantor under this Clause 17 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, 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). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any the Borrower or other person; (b) any the release of the Borrower or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of the Borrower or any other person; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Facility Agreement (Central European Media Enterprises LTD)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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;; -------------------------------------------------------------------------------- (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Credit Facilities Agreement (Enodis PLC)

Waiver of defences. The obligations of each Guarantor the Chargor under this Clause Deed will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause Deed (whether or not known to it the Chargor or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or securitysecurity or the failure by any member of the Group to enter into or be bound by any Finance Document; or (h) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Account Charge (Yingli Green Energy Holding Co LTD)

Waiver of defences. The obligations of each the Guarantor under this Clause will shall not be affected by any act, omission omission, matter or thing which, but for this provision, which would reduce, release or prejudice any of its obligations under this Clause (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement with any creditor of any 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a any Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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 Secured Post Delivery Term Loan Facility Agreement (Knightsbridge Shipping LTD)

Waiver of defences. The obligations of each Guarantor the Company under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes:includes (without limitation): (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement;; Table of Contents (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Facilities Agreement (Mittal Steel Co N.V.)

Waiver of defences. The obligations of each Guarantor the Company under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes:includes (without limitation): (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Bridge Facility Agreement (Mittal Steel Co N.V.)

Waiver of defences. The obligations of each Guarantor under this Clause 21 will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause 21 (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Credit Facilities (Imperial Tobacco Group PLC)

Waiver of defences. The obligations of each Guarantor under this Clause 18 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause 18, would reduce, release or prejudice any of its obligations under this Clause 18 (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Borrower or other person; (b) any the release of any Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Facilities Agreement (Cemex Sab De Cv)

Waiver of defences. The obligations of each Guarantor the Grantor under this Clause Agreement will not be affected by any act, omission omission, matter or thing whichthat, but for this provisionClause 9.5, would reduce, release or prejudice any liability or obligation of its obligations the Grantor under this Clause Agreement (whether or not known to it or any Finance Partyit). This includes, including: (a) any time time, waiver, concession, consent or waiver indulgence granted to, or composition with, to any person; (b) any the release of any person under the terms of any composition or arrangement; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, against or security over assets of, the property of any person; (d) any non-presentation or non-observance of any formality or other requirement in respect of any instrument or document; (e) any failure to realise the full value of any security; (ef) any incapacity or lack of power, authority or legal personality of personality, or dissolution or change in the members or status status, of any person; (fg) any amendment (however fundamental) of a Finance any Debt Document or any other document or security; or; (gh) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Debt Document or any other document or security; and (i) any bankruptcy proceedings.

Appears in 1 contract

Samples: Specific Security Agreement

Waiver of defences. The obligations of each Guarantor the Parent under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment (however fundamental) of a Finance Document or any other document or security; or (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security.

Appears in 1 contract

Samples: Facilities Agreement (Preem Holdings Ab Publ)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause (without limitation and whether or not known to it or any Finance Party). This includes) including: (a) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (b) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (ed) 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; (fe) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gf) any unenforceability, illegality, illegality or invalidity or non-provability 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: Credit Facilities Agreement

Waiver of defences. The obligations of each Guarantor under this Clause 29 will not be affected by any an act, omission omission, matter or thing which, but for this provisionClause, would reduce, release or prejudice any of its obligations under this Clause 29 (without limitation and whether or not known to it or any Finance Party). This includes) including: (ai) any time time, waiver or waiver consent granted to, or composition with, any Obligor or other person; (bii) any the release of any other Obligor or any other person under the terms of any composition or arrangementarrangement 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 person; (d) 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; (eiv) 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; (fv) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; or; (gvi) any unenforceability, illegality, illegality or invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (vii) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Third Amendment Agreement (Kronos International Inc)

Waiver of defences. The obligations of each Guarantor under this Clause will not be affected by any act, omission or thing which, but for this provision, would reduce, release or prejudice any of its obligations under this Clause (whether or not known to it or any Finance Party). This includes: (a) any time or waiver granted to, or composition with, any person; (b) any release of any person under the terms of any composition or arrangement; (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 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; (e) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of any person; (f) any amendment amendment, novation, supplement, extension or restatement (however fundamentalfundamental and whether or not more onerous) of a Finance Document or any other document or security; or; (g) any unenforceability, illegality, invalidity or non-provability of any obligation of any person under any Finance Document or any other document or security; or (h) any insolvency or similar proceeding relating to any Obligor.

Appears in 1 contract

Samples: Facility Agreement (Smith & Nephew PLC)