Common use of Waivers and Other Agreements Clause in Contracts

Waivers and Other Agreements. Each Guarantor hereby unconditionally (a) waives any requirement that the Banks or the Agent, upon the occurrence of an Event of Default first make demand upon, or seek to enforce remedies against the Company before demanding payment under or seeking to enforce the obligations of the Guarantors hereunder, (b) covenants that the obligations of the Guarantors hereunder will not be discharged except by complete performance of all obligations of the Company contained in this Agreement and the Notes, (c) agrees that the obligations of the Guarantors hereunder shall remain in full force and effect without regard to, and shall not be affected or impaired, without limitation, by any invalidity, irregularity or unenforceability in whole or in part of this Agreement or the Notes, or any limitation on the liability of the Company thereunder, or any limitation on the method or terms of payment thereunder which may or hereafter be caused or imposed in any manner whatsoever (including, without limitation, usury laws), (d) waives diligence, presentment and protest with respect to, and any notice of default or dishonor in the payment of any amount at any time payable by the Company under or in connection with this Agreement or the Notes, and further waives any requirement of notice of acceptance of, or other formality relating to, the obligations of the Guarantors hereunder and (e) agrees that the Guaranteed Obligations shall include any amounts paid by the Company to the Banks or the Agent which may be required to be returned to the Company or to its representative or to a trustee, custodian or receiver for the Company.

Waivers and Other Agreements. Each The Guarantor hereby unconditionally (a) waives any requirement that Bank One, in the Banks or event of any default by the AgentCompany, upon the occurrence of an Event of Default first make demand upon, or seek to enforce remedies against against, the Company before demanding demanding, payment under or seeking to enforce the obligations of the Guarantors hereunderthis Guaranty, (b) covenants that the obligations of the Guarantors hereunder this Guaranty will not be discharged except by complete performance of all obligations full payment of the Company contained in this Agreement and the NotesGuaranteed Obligations, (c) agrees that the obligations of the Guarantors hereunder this Guaranty shall remain in full force and effect without regard to, and shall not be affected or impaired, without limitation, by any invalidity, irregularity or unenforceability in whole or in part of this Agreement or any of the NotesOperative Documents, or any limitation on the liability of the Company thereunder, or any limitation on the method or terms of payment thereunder which may now or hereafter be caused or imposed in any manner whatsoever (including, without limitation, usury laws)whatsoever, (d) waives diligence, presentment and protest with respect to, and any notice of default or dishonor in the payment of any amount at any time payable by the Company under or in connection with this Agreement or with, any of the NotesOperative Documents, and further waives any requirement of notice of acceptance of, or other formality relating to, the obligations of the Guarantors hereunder this Guaranty and (e) agrees that the Guaranteed Obligations shall include any amounts paid by the Company to the Banks or the Agent Bank One which may be required to be returned to the Company or to its representative or to a trustee, custodian or receiver for the Company.

Waivers and Other Agreements. Each The Guarantor hereby unconditionally (a) waives any requirement that Bank One, in the Banks or event of any default by the AgentCompany, upon the occurrence of an Event of Default first make demand upon, or seek to enforce remedies against against, the Company before demanding payment under or seeking to enforce the obligations of the Guarantors hereunderthis Guaranty, (b) covenants that the obligations of the Guarantors hereunder this Guaranty will not be discharged except by complete performance of all obligations full payment of the Company contained in this Agreement and the NotesGuaranteed Obligations, (c) agrees that the obligations of the Guarantors hereunder this Guaranty shall remain in full force and effect without regard to, and shall not be affected or impaired, without limitation, by any invalidity, irregularity or unenforceability in whole or in part of this Agreement or any of the NotesOperative Documents, or any limitation on the liability of the Company thereunder, or any limitation on the method or terms of payment thereunder which may now or hereafter be caused or imposed in any manner whatsoever (including, without limitation, usury laws)whatsoever, (d) waives diligence, presentment and protest with respect to, and any notice of default or dishonor AMENDED AND RESTATED GUARANTY AGREEMENT - BANK ONE 54 in the payment of any amount at any time payable by the Company under or in connection with this Agreement or with, any of the NotesOperative Documents, and further waives any requirement of notice of acceptance of, or other formality relating to, the obligations of the Guarantors hereunder this Guaranty and (e) agrees that the Guaranteed Obligations shall include any amounts paid by the Company to the Banks or the Agent Bank One which may be required to be returned to the Company or to its representative or to a trustee, custodian or receiver for the Company.

Waivers and Other Agreements. Each The Guarantor hereby unconditionally (a) waives any requirement that NBD, in the Banks or event of any default by the AgentCompany, upon the occurrence of an Event of Default first make GUARANTY AGREEMENT-NBD 57 demand upon, or seek to enforce remedies against against, the Company before demanding payment under or seeking to enforce the obligations of the Guarantors hereunderthis Guaranty, (b) covenants that the obligations of the Guarantors hereunder this Guaranty will not be discharged except by complete performance of all obligations full payment of the Company contained in this Agreement and the NotesGuaranteed Obligations, (c) agrees that the obligations of the Guarantors hereunder this Guaranty shall remain in full force and effect without regard to, and shall not be affected or impaired, without limitation, by any invalidity, irregularity or unenforceability in whole or in part of this Agreement or any of the NotesOperative Documents, or any limitation on the liability of the Company thereunder, or any limitation on the method or terms of payment thereunder which may now or hereafter be caused or imposed in any manner whatsoever (including, without limitation, usury laws)whatsoever, (d) waives diligence, presentment and protest with respect to, and any notice of default or dishonor in the payment of any amount at any time payable by the Company under or in connection with this Agreement or with, any of the NotesOperative Documents, and further waives any requirement of notice of acceptance of, or other formality relating to, the obligations of the Guarantors hereunder this Guaranty and (e) agrees that the Guaranteed Obligations shall include any amounts paid by the Company to the Banks or the Agent NBD which may be required to be returned to the Company or to its representative or to a trustee, custodian or receiver for the Company.

Waivers and Other Agreements. Each Guarantor hereby unconditionally The Guarantors unconditionally (a) waives waive any requirement that the Banks Lenders or the Agent, upon in the occurrence event of an Event of Default any default by the Company, first make demand upon, or seek to enforce remedies against against, the Company before demanding payment under or seeking to enforce the obligations of the Guarantors hereunderthis Guaranty, (b) covenants covenant that the obligations of the Guarantors hereunder this Guaranty will not be discharged except by complete performance of all obligations of the Company contained in this Agreement and the NotesOperative Documents, (c) agrees agree that the obligations of the Guarantors hereunder this Guaranty shall remain in full force and effect without regard to, and shall not be affected or impairedimpaired by, without limitation, by any invalidity, irregularity irregularity, or unenforceability in whole or in part of this Agreement or any of the NotesOperative Documents, or any limitation on the liability of the Company thereunder, or any limitation on the method or terms of payment thereunder which may now or hereafter be caused or imposed in any manner whatsoever (including, without limitation, usury laws)whatsoever, (d) waives waive diligence, presentment presentment, and protest with respect to, and any notice of default or dishonor in the payment of any amount at any time payable by the Company under or in connection with this Agreement or with, any of the NotesOperative Documents, and further waives waive any requirement of notice of acceptance of, or other formality relating to, the obligations of the Guarantors hereunder this Guaranty, and (e) agrees agree that the Guaranteed Obligations shall include any amounts paid by the Company to the Banks or the Agent which may be required to be returned to the Company Company, or to its representative or to a trustee, custodian custodian, or receiver for the Company.

Waivers and Other Agreements. Each Guarantor hereby unconditionally (a) waives any requirement that the Banks or the Agent, upon the occurrence of an Event of Default first make demand upon, or seek to enforce remedies against the Company any Borrower before demanding payment under or seeking to enforce the obligations of the Guarantors hereunderthis Guaranty, (b) covenants that the obligations of the Guarantors hereunder this Guaranty will not be discharged except by complete performance of all obligations of the Company Borrowers contained in this Agreement and the NotesOperative Documents, (c) agrees that the obligations of the Guarantors hereunder this Guaranty shall remain in full force and effect without regard to, and shall not be affected or impaired, without limitation, by any invalidity, irregularity or unenforceability in whole or in part of this Agreement or any of the NotesOperative Documents, or any limitation on the liability of the Company Borrowers thereunder, or any limitation on the method or terms of payment thereunder which may or hereafter be caused or imposed in any manner whatsoever (including, without limitation, usury laws), (d) waives diligence, presentment and protest with respect to, and any notice of default or dishonor in the payment of any amount at any time payable by the Company any Borrower under or in connection with this Agreement or any of the NotesOperative Documents, and further waives any requirement of notice of acceptance of, or other formality relating to, the obligations of the Guarantors hereunder to this Guaranty and (e) agrees that the Guaranteed Obligations shall include any amounts paid by the Company any Borrower to the Banks or the Agent which may be required to be returned to the Company any Borrower or to its representative or to a trustee, custodian or receiver for the Companyany Borrower.

Waivers and Other Agreements. Each The Guarantor hereby unconditionally (a) waives any requirement that the Banks Lenders or the Administrative Agent, upon in the occurrence event of an Event of Default any default by the Borrower, first make demand upon, or seek to enforce remedies against against, the Company Borrower before demanding payment under or seeking to enforce the obligations of the Guarantors hereunderthis Guaranty, (b) covenants that the obligations of the Guarantors hereunder this Guaranty will not be discharged except by complete performance of all obligations of the Company Borrower contained in this Agreement and the NotesOperative Documents, (c) agrees that the obligations of the Guarantors hereunder this Guaranty shall remain in full force and effect without regard GUARANTY AGREEMENT ------------------ -2- 153 to, and shall not be affected or impaired, without limitation, by any invalidity, irregularity or unenforceability in whole or in part of this Agreement or any of the NotesOperative Documents, or any limitation on the liability of the Company Borrower thereunder, or any limitation on the method or terms of payment thereunder which may now or hereafter be caused or imposed in any manner whatsoever (including, without limitation, usury laws)whatsoever, (d) waives diligence, presentment and protest with respect to, and any notice of default or dishonor in the payment of any amount at any time payable by the Company Borrower under or in connection with this Agreement or with, any of the NotesOperative Documents, and further waives any requirement of notice of acceptance of, or other formality relating to, the obligations of the Guarantors hereunder this Guaranty and (e) agrees that the Guaranteed Obligations shall include any amounts paid by the Company to the Banks or the Agent Borrower which may be required to be returned to the Company Borrower, or to its representative or to a trustee, custodian or receiver for the CompanyBorrower.