Waiver of rights and defences. Without limiting the generality of Clause 3.1, the Guarantor shall neither be discharged by, nor have any claim against any Creditor Party in respect of:
(a) any amendment or supplement being made to the Finance Documents or any of them;
(b) any arrangement or concession (including a rescheduling or acceptance of partial payments) relating to, or affecting, the Finance Documents or any of them;
(c) any release or loss whatsoever of any guarantee, right or Security Interest created by the Finance Documents or any of them;
(d) any failure whatsoever promptly or properly to exercise or enforce any such right or Security Interest, including a failure to realise for its full market value an asset covered by such a Security Interest; or
(e) any other Finance Document or any Security Interest now being or later becoming void, unenforceable, illegal or invalid or otherwise defective for any reason, including a neglect to register it.
Waiver of rights and defences. Without limiting the generality of Clause 3.1, the Guarantor shall neither be discharged by, nor have any claim against the Lender in respect of:
(a) any amendment or supplement being made to the Finance Documents;
(b) any arrangement or concession (including a rescheduling or acceptance of partial payments) relating to, or affecting, the Finance Documents;
(c) any release or loss (even though negligent) of any right or Security Interest created by the Finance Documents;
(d) any failure (even though negligent) promptly or properly to exercise or enforce any such right or Security Interest, including a failure to realise for its full market value an asset covered by such a Security Interest; or
(e) any other Finance Document or any Security Interest now being or later becoming void, unenforceable, illegal or invalid or otherwise defective for any reason, including a neglect to register it.
Waiver of rights and defences. Without limiting the generality of Clause 3.1, the Guarantor shall neither be discharged by, nor have any claim against the Owner in respect of:
(a) any amendment or supplement being made to the Bareboat Charter or any other Leasing Document;
(b) any arrangement or concession (including a rescheduling or acceptance of partial payments) relating to, or affecting, the Bareboat Charter or any other Leasing Document;
(c) any release or loss (even though negligent) of any right or Security Interest created by any Leasing Document;
(d) any failure (even though negligent) promptly or properly to exercise or enforce any such right or Security Interest, including a failure to realise for its full market value an asset covered by such a Security Interest; or
(e) the Bareboat Charter or any other Leasing Document now being or later becoming void, unenforceable, illegal or invalid or otherwise defective for any reason, including a neglect to register it.
Waiver of rights and defences. Without limiting the generality of Clause 3.1, the Guarantor shall neither be discharged by, nor have any claim against the Owner in respect of:
(a) 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;
(b) any amendment or supplement being made to any Leasing Document (however fundamental and whether or not more onerous);
(c) any arrangement or concession (including a rescheduling or acceptance of partial payments) relating to, or affecting, any Leasing Document;
(d) any release or loss (even though negligent) of any right or Security Interest created by any Leasing Document;
(e) any failure (even though negligent) promptly or properly to exercise or enforce any such right or Security Interest, including a failure to realise for its full market value an asset covered by such a Security Interest;
(f) any Leasing Document being or later becoming void, unenforceable, illegal or invalid or otherwise defective in whole or in part for any reason, including a neglect to register it or
(g) any insolvency or similar proceedings.
Waiver of rights and defences. Without limiting the generality of Clause 3.1, the obligations of the Guarantor under this Guarantee 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 Guarantee (without limitation and whether or not known to it or any Creditor Party) including:
(a) any time, waiver or consent granted to, or composition with, the Borrower or other person;
(b) the release of the Borrower or any other person under the terms of any composition or arrangement with any creditor of any affiliate of the Borrower;
(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, the Borrower or 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 the Borrower or any other person;
(e) any amendment, novation, supplement, extension, restatement (however fundamental and whether or not more onerous) or replacement of any Finance Document or any other document or security including without limitation any change in the purpose of, any extension of or any increase in any facility or the addition of any new facility under any Finance Document or other document or security;
(f) any insolvency or similar proceedings;
(g) any arrangement or concession (including a rescheduling or acceptance of partial payments) relating to, or affecting, the Finance Documents;
(h) any release or loss whatsoever of any guarantee, right or Security Interest created by the Finance Documents;
(i) any failure whatsoever promptly or properly to exercise or enforce any such right or Security Interest, including a failure to realise for its full market value an asset covered by such a Security Interest; or
(j) any other Finance Document or any Security Interest now being or later becoming void, unenforceable, illegal or invalid or otherwise defective for any reason, including a neglect to register it.
Waiver of rights and defences. Without limiting the generality of Clause 3.1, the Guarantor shall neither be discharged by, nor have any claim against any Creditor Party in respect of:
(a) any amendment or supplement being made to the Finance Documents (including, for the avoidance of doubt, the Master Agreement);
(b) any arrangement or concession (including a rescheduling or acceptance of partial payments) relating to, or affecting, the Finance Documents (including, for the avoidance of doubt, the Master Agreement);
(c) any release or loss (even though negligent) of any right or Security Interest created by the Finance Documents (or any of them);
(d) any failure (even though negligent) promptly or properly to exercise or enforce any such right or Security Interest, including a failure to realise for its full market value an asset covered by such a Security Interest; or
(e) any other Finance Document (including, for the avoidance of doubt, the Master Agreement) or any Security Interest now being or later becoming void, unenforceable, illegal or invalid or otherwise defective for any reason, including a neglect to register it.
Waiver of rights and defences. Without limiting the generality of Clauses 12.4 and 12.5, neither Borrower shall either be discharged from any of its liabilities or obligations under Clause 12.1 by, or have any claim against any Creditor Party in respect of:
(a) any misrepresentation or non-disclosure respecting the affairs or condition of the Issuing Bank or any Lender made to the Borrowers (or either of them) by any person; or
(b) the Seller and/or any Creditor Party releasing or granting any time or any indulgence whatsoever or making any settlement, composition or arrangement with the Borrowers (or either of them), the Seller or any other person; or
(c) the Seller and/or any Creditor Party asserting or pursuing, failing or neglecting to assert or pursue, or delaying in asserting or pursuing, or waiving, any of their rights or remedies against the Borrowers (or either of them), the Seller or any other person; or
(d) the Seller and/or any Creditor Party and/or either Borrower, with the consent of that Borrower (or with or without the consent of either Borrower in the case of any variation agreed between the Seller and a Borrower or the person whose obligations are guaranteed thereby), making, whether expressly or by conduct, any variation to any Guaranteed Obligations or a Guarantee; or
(e) the Seller and/or any Creditor Party and/or either Borrower:
(i) taking, accepting, varying, dealing with, enforcing, abstaining from enforcing, surrendering or releasing any security in relation to the Seller or the Issuing Bank or any Lender or the Borrowers (or either of them) or any other person in such manner as it or they think fit; or
(ii) claiming, proving for, accepting or transferring any payment in respect of the obligations and liabilities of the Borrowers (or either of them) and/or the Seller relative to any Guaranteed Obligations or under this Agreement in any composition by, or winding up of, either Borrower and/or any third party or abstaining from so claiming, proving, accepting or transferring; or
(f) any assignment or transfer by the Seller of, or any succession to, any of its rights relative to any Guaranteed Obligations or a Guarantee.
Waiver of rights and defences. Without limiting the generality of Clause 3.1 (Principal and independent debtor), the Guarantor shall neither be discharged by, nor have any claim against, any Creditor Party in respect of:
(a) any amendment or supplement being made to the Finance Documents (or any of them);
(b) any arrangement or concession (including a rescheduling or acceptance of partial payments) relating to, or affecting, the Finance Documents (or any of them);
(c) any release or loss (even though negligent) of any right or Security Interest created by the Finance Documents (or any of them);
(d) any failure (even though negligent) promptly or properly to exercise or enforce any such right or Security Interest, including a failure to realise for its full market value an asset covered by such a Security Interest; or
(e) any other Finance Document or any Security Interest now being or later becoming void, unenforceable, illegal or invalid or otherwise defective for any reason, including a neglect to register it.
Waiver of rights and defences. Clause 5.1 (Reinstatement of obligation to pay), Clause 8.1 (Subordination of rights of Guarantor) and Clause 14.1 (Continuing guarantee) shall, with any necessary modifications, apply to it, notwithstanding that the document creating the Security Interest neither describes it as a principal or independent security nor includes provisions similar to Clauses 3.2, 5.1, 8.1 and 14.1.
Waiver of rights and defences. Without limiting the generality of Clause 3.1 (Principal and independent debtor), the Guarantor shall neither be discharged by, nor have any claim against any Creditor Party in respect of:
