Common use of Waiver of Defenses; Absence of Fiduciary Duties Clause in Contracts

Waiver of Defenses; Absence of Fiduciary Duties. (a) Each of the Loan Parties hereby waives any and all suretyship defenses available to it as a Guarantor arising out of the joint and several nature of its respective duties and obligations hereunder (including any defense contained in Article VII).

Appears in 31 contracts

Samples: Senior Secured Term Loan Credit Agreement (Internap Corp), Term Loan Credit Agreement (Internap Corp), Credit Agreement (Internap Corp)

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Waiver of Defenses; Absence of Fiduciary Duties. (a) Each of the Loan Parties hereby waives any and all suretyship defenses available to it as a Subsidiary Guarantor arising out of the joint and several nature of its respective duties and obligations hereunder (including any defense contained in Article VII).

Appears in 3 contracts

Samples: Credit Agreement (Biglari Holdings Inc.), Credit Agreement (Merge Healthcare Inc), Credit Agreement (Biglari Holdings Inc.)

Waiver of Defenses; Absence of Fiduciary Duties. (aq) Each of the Loan Parties hereby waives any and all suretyship defenses available to it as a Subsidiary Guarantor arising out of the joint and several nature of its respective duties and obligations hereunder (including any defense contained in Article VII).

Appears in 2 contracts

Samples: Credit Agreement (Merge Healthcare Inc), Credit Agreement (Merge Healthcare Inc)

Waiver of Defenses; Absence of Fiduciary Duties. (a) Each of the Loan Parties hereby waives any and all suretyship defenses available to it as a Guarantor arising out of the joint and several nature of its respective duties and obligations hereunder (including any defense contained in Article VII).. 127

Appears in 1 contract

Samples: Credit Agreement (BioScrip, Inc.)

Waiver of Defenses; Absence of Fiduciary Duties. (a) Each of the Loan Parties hereby waives any and all suretyship defenses available to it as a Guarantor arising out of the joint and several nature of its respective duties and obligations hereunder (including any defense contained in Article VII‎VII other than any defense of the indefeasible payment in full of the Secured Obligations).

Appears in 1 contract

Samples: Credit Agreement (Inotiv, Inc.)

Waiver of Defenses; Absence of Fiduciary Duties. (a) Each of the Loan Parties hereby waives any and all suretyship defenses available to it as a Guarantor arising out of the joint and several nature of its respective duties and obligations hereunder (including any defense contained in Article VIIVI).

Appears in 1 contract

Samples: Term Loan Credit Agreement (Global Aviation Holdings Inc.)

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Waiver of Defenses; Absence of Fiduciary Duties. (a) Each of the Loan Parties hereby waives any and all suretyship defenses available to it as a Guarantor arising out of the joint and several nature of its respective duties and obligations hereunder (including any defense contained in Article VIIthe Guarantee and Collateral Agreement).

Appears in 1 contract

Samples: Intercreditor Agreement (KCG Holdings, Inc.)

Waiver of Defenses; Absence of Fiduciary Duties. (a) Each of the Loan Parties hereby waives any and all suretyship defenses available to it as a Guarantor arising out of the joint and several nature of its respective duties and obligations hereunder (including any defense contained in Article VII).

Appears in 1 contract

Samples: Pledge Agreement (International Seaways, Inc.)

Waiver of Defenses; Absence of Fiduciary Duties. (a) Each of the Loan Parties hereby waives any and all suretyship defenses available to it as a Subsidiary Guarantor arising out of the joint and several nature of its respective duties and obligations hereunder (including any defense contained in Article VII).. 140

Appears in 1 contract

Samples: Credit Agreement (Biglari Holdings Inc.)

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