Common use of Waiver of defences Clause in Contracts

Waiver of defences. The obligations of each Guarantor under this Clause 15 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 15 (without limitation and whether or not known to it or Burdale) including: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person; (b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any 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 Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; (e) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or (g) any insolvency or similar proceedings.

Appears in 3 contracts

Samples: Facility Agreement (Haynes International Inc), Facility Agreement (Atchison Casting Corp), Facility Agreement (Haynes International Inc)

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Waiver of defences. 15.4.1 The obligations of each Guarantor under this Clause clause 15 will not be affected by an act, omission, matter or thing which, but for this Clauseclause, would reduce, release or prejudice any of its obligations under this Clause clause 15 (without limitation and whether or not known to it or Burdaleany Finance Party) including: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person; (b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any Obligor or any other personMaterial Subsidiary; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; (e) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or (g) any insolvency or similar proceedings.

Appears in 3 contracts

Samples: Bridge Facility Agreement (Aramex International LTD), Mezzanine Bridge Facility Agreement (Aramex International LTD), Investor Loan Agreement (Aramex International LTD)

Waiver of defences. The obligations of each Guarantor under this Clause 15 18 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 18, would reduce, release or prejudice any of its obligations under this Clause 15 18 (without limitation and whether or not known to it or Burdaleany Finance Party) including: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person;; LD857960/50 (b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any Obligor or any other personmember of the Group; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; (e) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or (g) any insolvency or similar proceedings.

Appears in 2 contracts

Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)

Waiver of defences. The obligations of each Guarantor under this Clause 15 16 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 15 16 (without limitation and whether or not known to it or Burdaleany Finance Party) including: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person; (b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any Obligor GLC or any other personof its Subsidiaries; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; (e) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or (g) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Second Lien Facility Agreement (Geologistics Corp)

Waiver of defences. The obligations of each Guarantor under this Clause 15 21 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 15 21 (without limitation and whether or not known to it or Burdaleany Finance Party) includingincluding to the extent permitted by law: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person; (b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any Obligor or any other personmember of the Group; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; (e) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or (g) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Facilities Agreement (Benfield Greig Group PLC)

Waiver of defences. The obligations of each Guarantor the Chargor under this Clause 15 Guarantee and Debenture will not be affected by an act, omission, matter omission or thing which, but for this ClauseClause 16.2, would reduce, release or prejudice any of its obligations under this Clause 15 Guarantee and Debenture (without limitation and whether or not known to it or Burdale) the Secured Party), including: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person; (b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any Obligor or any other personObligor; (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, any an Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise realize the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members of an Obligor or status of an Obligor or any other person; (e) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or (gf) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Guarantee and Debenture (Summer Infant, Inc.)

Waiver of defences. The obligations of each Guarantor under this Clause 15 19 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 15 19 (without limitation and whether or not known to it or Burdaleany Finance Party) including: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person; (b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any Obligor or any other personcomponent company of Xxxx Elsevier; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; (e) any amendment (however fundamental) or replacement of a Finance Financing Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Financing Document or any other document or security; or (g) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Credit Agreement (Reh Mergersub Inc)

Waiver of defences. The obligations of each Guarantor under this Clause 15 18 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 15 18 (without limitation and whether or not known to it or Burdaleany Finance Party) including: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person; (b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any Obligor or any other personmember of the Group; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor Back to Contents or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; (e) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or (g) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Facility Agreement (Intercontinental Hotels Group PLC /New/)

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Waiver of defences. The obligations of each Guarantor under this Clause 15 18 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 18, would reduce, release or prejudice any of its obligations under this Clause 15 18 (without limitation and whether or not known to it or Burdaleany Finance Party) including: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person;; LD857960/38 (b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any Obligor or any other personmember of the Group; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; (e) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or (g) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)

Waiver of defences. The obligations of each Guarantor under this Clause 15 19 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 19, would reduce, release or prejudice any of its obligations under this Clause 15 19 (without limitation and whether or not known to it or Burdaleany Finance Party) including: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person;; LD885224/26 (b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any Obligor or any other personmember of the Group; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; (e) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or (g) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Debt Bridge Facility Agreement (Xstrata PLC)

Waiver of defences. The obligations of each a Guarantor under this Clause 15 17 will not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 15 17 (without limitation and whether or not known to it or Burdaleany Finance Party) including: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person; (b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any Obligor or any other person;member of the Group; Senior Secured Credit Facility Agreement (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; (e) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or (g) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Loan Agreement (Hanarotelecom Inc)

Waiver of defences. The obligations of each Guarantor under this Clause 15 19 will not be affected by an act, omission, matter or thing which, but for this ClauseClause 19, would reduce, release or prejudice any of its obligations under this Clause 15 19 (without limitation and whether or not known to it or Burdaleany Finance Party) including: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person;; LD885224/33 (b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any Obligor or any other personmember of the Group; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person; (e) any amendment (however fundamental) or replacement of a Finance Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or (g) any insolvency or similar proceedings.

Appears in 1 contract

Samples: Debt Bridge Facility Agreement (Xstrata PLC)

Waiver of defences. The obligations of each Guarantor Security Obligor under this Clause 15 Deed will not be affected by an act, omission, matter or thing which, but for this ClauseDeed, would reduce, release or prejudice any of its obligations under this Clause 15 Deed (without limitation and whether or not known to it or Burdaleto 4R) including: (a) any time, waiver or consent granted to, or composition with, any Security Obligor or other person; (b) the release of any other Security Obligor or any other person under the terms of any composition or arrangement with any creditor of any Obligor or member of any other personSecurity 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 Security Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an a Security Obligor or any other person; (e) any amendment amendment, novation, supplement or extension (however fundamentalwhether of maturity or otherwise) to or replacement of a Finance Document or any other document or securitythe Loan Note Instrument; (f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document the Loan Note Instrument or any other document or security; or (g) any insolvency insolvency, administration or similar proceedings.

Appears in 1 contract

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

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