Common use of Waiver of defences Clause in Contracts

Waiver of defences. The obligations of each Guarantor under this Clause 24 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 24 (without limitation and whether or not known to it or any Finance Party) including: 24.4.1 any time, waiver or consent granted to, or composition with, any Obligor or other person; 24.4.2 the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; 24.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; 24.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; 24.4.5 any amendment (however fundamental) or replacement of a Finance Document or any other document or security; 24.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 any insolvency or similar proceedings.

Appears in 3 contracts

Samples: Syndication and Amendment Agreement (Shire PLC), Facilities Agreement (Shuttle Corp), Facilities Agreement (Shire PLC)

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Waiver of defences. The obligations of each Guarantor under this Clause 24 17 will not be affected by an any act, omission, matter or thing which, but for this ClauseClause 17, would reduce, release or prejudice any of its obligations under this Clause 24 17 (without limitation and whether or not known to it or any Finance Party) including: 24.4.1 17.4.1 any time, waiver or consent granted to, or composition with, any Obligor or other person; 24.4.2 17.4.2 the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; 24.4.3 17.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; 24.4.4 17.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; 24.4.5 17.4.5 any amendment (however fundamental) or replacement of a Finance Document or any other document or security; 24.4.6 17.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 17.4.7 any insolvency or similar proceedings.

Appears in 2 contracts

Samples: Bridge Facility Agreement (Luxottica Group Spa), Loan Agreement (Luxottica Group Spa)

Waiver of defences. The obligations of each Guarantor the Company under this Clause 24 18 will not be affected by an any act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 24 18 including (without limitation and whether or not known to it or any Finance Party) including:): 24.4.1 18.4.1 any time, waiver or consent granted to, or composition with, any Obligor or other person; 24.4.2 18.4.2 the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; 24.4.3 18.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-non- observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; 24.4.4 18.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; 24.4.5 18.4.5 any amendment (however fundamental) or replacement of a Finance Document or any other document or security; 24.4.6 18.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 18.4.7 any insolvency or similar proceedings.

Appears in 2 contracts

Samples: Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC), Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC)

Waiver of defences. The obligations of each Guarantor under this Clause 24 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 24.4, 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) including: 24.4.1 any time, waiver or consent granted to, or composition with, any Obligor or other person; 24.4.2 the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; 24.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; 24.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; 24.4.5 any amendment (however fundamental) or replacement of a Finance Document or any other document or security; 24.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Facility Agreement (Shire Ltd.)

Waiver of defences. The obligations of each the Guarantor under this Clause 24 6 will not be affected by an any act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 24 6 (without limitation and whether or not known to it or any Finance Partythe Lender) including: 24.4.1 6.4.1 any time, waiver or consent granted to, or composition with, any Obligor or other person; 24.4.2 6.4.2 the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; 24.4.3 6.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; 24.4.4 6.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; 24.4.5 6.4.5 any amendment amendment, novation, supplement, extension (whether of maturity or otherwise) or restatement (in each case however fundamentalfundamental and of whatever nature, and whether or not more onerous) or replacement of a Finance Document or any other document or security; 24.4.6 6.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 6.4.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Facility Agreement (Shermen WSC Acquisition Corp)

Waiver of defences. The obligations of each Guarantor SAVVIS, Inc. under this Clause 24 21 will not be affected by an any act, omission, matter or thing which, but for this ClauseClause 21, would reduce, release or prejudice any of its obligations under this Clause 24 21 (without limitation and whether or not known to it or any Finance Partythe Lender) including: 24.4.1 21.4.1 any time, waiver or consent granted to, or composition with, any Obligor or other person; 24.4.2 21.4.2 the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; 24.4.3 21.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person 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; 24.4.4 21.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; 24.4.5 21.4.5 any amendment amendment, novation, supplement, extension, restatement (however fundamentalfundamental and whether or not more onerous) or replacement 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; 24.4.6 21.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 21.4.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Facility Agreement (SAVVIS, Inc.)

Waiver of defences. The Neither the Security created by this Debenture nor the obligations of each Guarantor a Chargor under this Clause 24 Debenture will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice that Security or any of its those obligations under this Clause 24 (without limitation and whether or not known to it it, the Administrative Agent or any Finance other Secured Party) including: 24.4.1 19.2.1 any time, waiver or consent granted to, or composition with, any Obligor Loan Party or other person; 24.4.2 19.2.2 the release of any other Obligor Loan Party or any other person under the terms of any composition or arrangement with any creditor of any member of the Groupperson; 24.4.3 19.2.3 the taking, variation, compromise, exchange, renewal renewal, enforcement or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over Security over, assets of, of any Obligor Loan Party or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any securitySecurity; 24.4.4 19.2.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor Loan Party or any other person; 24.4.5 19.2.5 any amendment (however fundamental) ), replacement, variation, novation, assignment or replacement the avoidance or termination of a Finance Loan Document or any other document or securitySecurity; 24.4.6 19.2.6 any unenforceability, illegality or invalidity of any obligation of of, or any Security created by, any person under any Finance Loan Document or any other document or securitydocument; or 24.4.7 19.2.7 any insolvency insolvency, liquidation, administration or similar proceedingsprocedure.

Appears in 1 contract

Samples: Credit Agreement (Skype S.a r.l.)

Waiver of defences. The obligations of each the Guarantor under this Clause 24 Guarantee will not be affected by an act, omission, matter or thing which, but for this ClauseGuarantee, would reduce, release or prejudice any of its obligations under this Clause 24 Guarantee (without limitation and whether or not known to it or any Finance Party) including: 24.4.1 5.1.1 any time, waiver or consent granted to, or composition with, any Obligor the Borrower or other person; 24.4.2 5.1.2 the release of any other Obligor the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the GroupGroup Company; 24.4.3 5.1.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor 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; 24.4.4 5.1.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor the Borrower or any other person; 24.4.5 5.1.5 any amendment (however fundamental) or replacement of a Finance Document or any other document or security; 24.4.6 5.1.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 5.1.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Credit Agreement (Sappi LTD)

Waiver of defences. The obligations of each Guarantor under this Clause 24 18 will not be affected by an any act, omission, matter or thing which, but for this ClauseClause 18, would reduce, release or prejudice any of its obligations under this Clause 24 18 (without limitation and whether or not known to it or any Finance Party) including: 24.4.1 18.4.1 any time, waiver or consent granted to, or composition with, any Obligor or other person; 24.4.2 18.4.2 the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; 24.4.3 18.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; 24.4.4 18.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; 24.4.5 18.4.5 any amendment amendment, novation, supplement, extension (whether of maturity or otherwise) or restatement (in each case, however fundamentalfundamental and of whatsoever nature) or replacement of a Finance Document or any other document or security; 24.4.6 18.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 18.4.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Senior Facilities Agreement (Equinix Inc)

Waiver of defences. The obligations of each Guarantor under this Clause 24 19 will not be affected by an any act, omission, matter or thing which, but for this ClauseClause 19, would reduce, release or prejudice any of its obligations under this Clause 24 19 (without limitation and whether or not known to it or any Finance Party) including: 24.4.1 19.4.1 any time, waiver or consent granted to, or composition with, any Obligor a Borrower or other person; 24.4.2 19.4.2 the release of any other Obligor a Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Groupan Obligor; 24.4.3 19.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor 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; 24.4.4 19.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor a Borrower or any other person; 24.4.5 19.4.5 any amendment amendment, novation, supplement, extension (whether of maturity or otherwise) or restatement (in each case however fundamentalfundamental and of whatsoever nature, and whether or not more onerous) or replacement of a Finance Document or any other document or security; 24.4.6 19.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 19.4.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Validus Holdings LTD)

Waiver of defences. The obligations of each the Guarantor under this Clause 24 19 will not be affected by an any act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 24 19 (without limitation and whether or not known to it or any Finance Party) including: 24.4.1 19.4.1 any time, waiver or consent granted to, or composition with, any Obligor the Borrower or other person; 24.4.2 19.4.2 the release of any other Obligor the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Groupan Obligor; 24.4.3 19.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor 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; 24.4.4 19.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor the Borrower or any other person; 24.4.5 19.4.5 any amendment amendment, novation, supplement, extension (whether of maturity or otherwise) or restatement (in each case however fundamentalfundamental and of whatsoever nature, and whether or not more onerous) or replacement of a Finance Document or any other document or security; 24.4.6 19.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 19.4.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Validus Holdings LTD)

Waiver of defences. The obligations of each Guarantor under this Clause 24 23 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 23, would reduce, release or prejudice any of its obligations under this Clause 24 23 (without limitation and whether or not known to it or any Finance Party) including: 24.4.1 23.4.1 any time, waiver or consent granted to, or composition with, any Obligor or other person; 24.4.2 23.4.2 the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; 24.4.3 23.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; 24.4.4 23.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; 24.4.5 23.4.5 any amendment (however fundamental) or replacement of a Finance Document or any other document or security; 24.4.6 23.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 23.4.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Facility Agreement (Edgen Murray PLC)

Waiver of defences. The obligations of each the Guarantor under the guarantee in this Clause 24 clause 22 will not be affected by an act, omission, matter or thing which, but for this Clauseclause 22, would reduce, release or prejudice any of its obligations under this Clause 24 clause 22 (without limitation and whether or not known to it or any Finance Partythe Lender) including:including - 24.4.1 22.4.1 any time, waiver or consent granted to, or composition with, any either Obligor or other person; 24.4.2 22.4.2 the release of any other either Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Groupcreditor; 24.4.3 22.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any either 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; 24.4.4 22.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an either Obligor or any other person; 24.4.5 22.4.5 any amendment amendment, novation, supplement, extension (whether of maturity or otherwise) or restatement (in each case, however fundamentalfundamental and of whatsoever nature) or replacement of a Finance Document or any other document or security; 24.4.6 22.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 22.4.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Sedibelo Platinum Mines LTD)

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Waiver of defences. The obligations of each Guarantor under this Clause 24 19 will not be affected by an any act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 24 19 (without limitation and whether or not known to it or any Finance Party) including: 24.4.1 19.4.1 any time, waiver or consent granted to, or composition with, any Obligor a Borrower or other person; 24.4.2 19.4.2 the release of any other Obligor a Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Groupan Obligor; 24.4.3 19.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor 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; 24.4.4 19.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor a Borrower or any other person; 24.4.5 19.4.5 any amendment amendment, novation, supplement, extension (whether of maturity or otherwise) or restatement (in each case however fundamentalfundamental and of whatsoever nature, and whether or not more onerous) or replacement of a Finance Document or any other document or security; 24.4.6 19.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 19.4.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Validus Holdings LTD)

Waiver of defences. The obligations of each the Guarantor under this Clause 24 2 will not be affected by an act, omission, matter or thing which, but for this Clause, Clause would reduce, release or prejudice any of its obligations under this Clause 24 2 (without limitation and whether or not known to it or any Finance Partythe Owner) including: 24.4.1 2.4.1 any time, waiver or consent granted to, or composition with, any Obligor or other person; 24.4.2 2.4.2 the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; 24.4.3 2.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; 24.4.4 2.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; 24.4.5 2.4.5 any amendment (however fundamental) or replacement of a Finance Transaction Document or any other document or security; 24.4.6 2.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document Transaction Documents or any other document or security; or 24.4.7 2.4.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Deed of Guarantee

Waiver of defences. The obligations of each the Guarantor under this Clause 24 10 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 10, would reduce, release or prejudice any of its obligations under this Clause 24 10 (without limitation and whether or not known to it or any Finance Party) including: 24.4.1 10.4.1 any time, waiver or consent granted to, or composition with, any Obligor or other person; 24.4.2 10.4.2 the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; 24.4.3 10.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-non- observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; 24.4.4 10.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; 24.4.5 10.4.5 any amendment amendment, novation, supplement, extension (whether of maturity or otherwise) or restatement (in each case, however fundamentalfundamental and of whatsoever nature) or replacement of a Finance Document or any other document or security; 24.4.6 10.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 10.4.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Common Terms Agreement (Anooraq Resources Corp)

Waiver of defences. The obligations of each the Guarantor under this Clause 24 20 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 24 20 (without limitation and whether or not known to it or any Finance Party) Party including: 24.4.1 20.4.1 any time, waiver or consent granted to, or composition with, any Obligor the Borrower or other person; 24.4.2 20.4.2 the release of any other Obligor the Borrower or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; 24.4.3 20.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor 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; 24.4.4 20.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor the Borrower or any other person; 24.4.5 20.4.5 any amendment (however fundamental) or replacement of a Finance Document or any other document or security; 24.4.6 20.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 20.4.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Term Loan and Standby Letter of Credit Facilities (PCCW LTD)

Waiver of defences. The obligations of each Guarantor under this Clause 24 25 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 24 25 (without limitation and whether or not known to it or any Finance Party) including: 24.4.1 25.4.1 any time, waiver or consent granted to, or composition with, any Obligor or other person; 24.4.2 25.4.2 the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; 24.4.3 25.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; 24.4.4 25.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; 24.4.5 25.4.5 any amendment (however fundamental) or replacement of a Finance Document or any other document or security; 24.4.6 25.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 25.4.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Facilities Agreement (Shire Pharmaceuticals Group PLC)

Waiver of defences. The obligations of each Guarantor under this Clause 24 clause 14 will not be affected by an act, omission, matter or thing which, but for this Clauseclause 14, would reduce, release or prejudice any of its obligations under this Clause 24 clause 14 (without limitation and whether or not known to it or any Finance Partythe Agent) including: 24.4.1 14.4.1 any time, waiver or consent granted to, or composition with, any Obligor or other person; 24.4.2 14.4.2 the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; 24.4.3 14.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security Security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any securitySecurity; 24.4.4 14.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; 24.4.5 14.4.5 any amendment (however fundamental) or replacement of a Finance Document or any other document or securitySecurity; 24.4.6 14.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or securitySecurity; or 24.4.7 14.4.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Composite Guarantee and Debenture (Four Rivers Bioenergy Inc.)

Waiver of defences. The obligations of each Guarantor the Company under this Clause 24 19 will not be affected by an any act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 24 19 including (without limitation and whether or not known to it or any Finance Party) including:): 24.4.1 19.4.1 any time, waiver or consent granted to, or composition with, any Obligor or other person; 24.4.2 19.4.2 the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group; 24.4.3 19.4.3 the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; 24.4.4 19.4.4 any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; 24.4.5 19.4.5 any amendment (however fundamental) or replacement of a Finance Document or any other document or security; 24.4.6 19.4.6 any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or 24.4.7 19.4.7 any insolvency or similar proceedings.

Appears in 1 contract

Samples: Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC)

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