Common use of Waivers by Guarantor Clause in Contracts

Waivers by Guarantor. Each Guarantor hereby expressly waives: (a) notice of acceptance of this Guaranty, (b) notice of the existence or creation of all or any of the Obligations, (c) presentment, demand, notice of dishonor, protest, and all other notices whatsoever, (d) all diligence in collection or protection of or realization upon the Obligations or any part thereof, any obligation hereunder, or any security for any of the foregoing and (e) all rights of subrogation, indemnification, contribution and reimbursement against the Company, all rights to enforce any remedy the Trustee and the Holders, or any of them, may have against the Company and any benefit of, or right to participate in, any collateral or security now or hereinafter held by the Trustee and the Holders, or any of them, in respect of the Obligations, even upon payment in full of the Obligations. Any money received by any Guarantor in violation of this Section shall be held in trust by such Guarantor for the benefit of the Trustee and the Holders. If a claim is ever made upon the Trustee and the Holders, or any of them, for the repayment or recovery of any amount or amounts received by any of them in payment of any of the Obligations and such Person repays all or part of such amount by reason of (a) any judgment, decree, or order of any court or administrative body having jurisdiction over such Person or any of its property, or (b) any good faith settlement or compromise of any such claim effected by such Person with any such claimant, including the Company, then in such event such Guarantor agrees that any such judgment, decree, order, settlement, or compromise shall be binding upon such Guarantor, notwithstanding any revocation hereof or the cancellation of any promissory note or other instrument evidencing any of the Obligations, and such Guarantor shall be and remain obligated to such Person hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Person.

Waivers by Guarantor. Each The Guarantor hereby expressly waives, to the extent permitted by Applicable Law: (a) notice of acceptance of this Guaranty, (b) notice of the existence or creation of all or any of the Obligations, (c) presentment, demand, notice of dishonor, protest, and all other notices whatsoever, (d) all diligence in collection or protection of or realization upon the Obligations or any part thereof, any obligation hereunder, or any security for any of the foregoing and (e) all rights of subrogation, indemnification, contribution and reimbursement against the CompanyBorrower, all rights to enforce any remedy the Trustee Banks and the HoldersAdministrative Agent, or any of them, may have against the Company Borrower and any benefit of, or right to participate in, any collateral or security now or hereinafter held by the Trustee Banks and the HoldersAdministrative Agent, or any of them, in respect of the Obligations, even upon payment in full of the Obligations. Any money received by any the Guarantor in violation of this Section shall be held in trust by such the Guarantor for the benefit of the Trustee Banks and the HoldersAdministrative Agent. If a claim is ever made upon the Trustee Banks and the HoldersAdministrative Agent, or any of them, for the repayment or recovery of any amount or amounts received by any of them in payment of any of the Obligations and such Person repays all or part of such amount by reason of (a) any judgment, decree, or order of any court or administrative body having jurisdiction over such Person or any of its property, or (b) any good faith settlement or compromise of any such claim effected by such Person with any such claimant, including the CompanyBorrower, then in such event such the Guarantor agrees that any such judgment, decree, order, settlement, or compromise shall be binding upon such the Guarantor, notwithstanding any revocation hereof or the cancellation of any promissory note or other instrument evidencing any of the Obligations, and such the Guarantor shall be and remain obligated to such Person hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Person.

Waivers by Guarantor. Each The Guarantor hereby expressly waives: (a) notice of acceptance of this the Guaranty, (b) notice of the existence or creation of all or any of the Obligations, (c) presentment, demand, notice of dishonor, protest, and all other notices whatsoever, (d) all diligence in collection or protection of or realization upon the Obligations or any part thereof, any obligation hereunder, or any security for any of the foregoing and (e) all rights of subrogation, indemnification, contribution and reimbursement against the Company, all rights to enforce any remedy the Trustee and the Holders, or any of them, may have against the Company Company, and any benefit of, or right to participate in, any collateral or security now or hereinafter held by the Trustee and the Holders, or any of them, in respect of the Obligations, even upon payment in full of the Obligations. Any money received by any the Guarantor in violation of this Section 2.9 shall be held in trust by such the Guarantor for the benefit of the Trustee and the Holders. If a claim is ever made upon the Trustee and the Holders, or any of them, for the repayment or recovery of any amount or amounts received by any of them in payment of any of the Obligations and such Person repays all or part of such amount by reason of (a) any judgment, decree, or order of any court or administrative body having jurisdiction over such Person or any of its property, or (b) any good faith settlement or compromise of any such claim effected by such Person with any such claimant, including the Company, then in such event such the Guarantor agrees that any such judgment, decree, order, settlement, or compromise shall be binding upon such the Guarantor, notwithstanding any revocation hereof or the cancellation of any promissory note or other instrument evidencing any of the Obligations, and such the Guarantor shall be and remain obligated to such Person hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Person.

Waivers by Guarantor. Each The Guarantor hereby expressly waives: , to the extent permitted by Applicable Law, (a) notice of acceptance of this Guaranty, (b) notice of the existence or creation of all or any of the Obligations, (c) presentment, demand, notice of dishonor, protest, and all other notices whatsoever, (d) all diligence in collection or protection of or realization upon the Obligations or any part thereof, any obligation hereunder, or any security for any of the foregoing and (e) all rights of subrogation, indemnification, contribution contribution, and reimbursement against the CompanyBorrower, all rights to enforce any remedy the Trustee and the HoldersGuarantied Parties, or any of them, may have against the Company Borrower and any benefit of, or right to participate in, any collateral or security now or hereinafter held by the Trustee and the HoldersGuarantied Parties, or any of them, in respect of the Obligations, even upon until irrevocable payment in full of the Obligations. Any money received by any the Guarantor in violation of this Section shall be held in trust by such the Guarantor for the benefit of the Trustee and the HoldersGuarantied Parties. If a claim is ever made upon the Trustee and the HoldersGuarantied Parties, or any of them, for the repayment or recovery of any amount or amounts received by any of them in payment of any of the Obligations and such Person repays all or part of such amount by reason of (a) any judgment, decree, or order of any court or administrative body having jurisdiction over such Person or any of its property, or (b) any good faith settlement or compromise of any such claim effected by such Person with any such claimant, including the CompanyBorrower, then in such event such the Guarantor agrees that any such judgment, decree, order, settlement, or compromise shall be binding upon such the Guarantor, notwithstanding any revocation hereof or the cancellation of any promissory note or other instrument evidencing any of the Obligations, and such the Guarantor shall be and remain obligated to such Person hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Person.

Waivers by Guarantor. Each The Guarantor hereby expressly waives: (a) notice of acceptance of this Guaranty, (b) notice of the existence or creation of all or any of the Obligations, (c) presentment, demand, notice of dishonor, protest, and all other notices whatsoever, (d) all diligence in collection or protection of or realization upon the Obligations or any part thereof, any obligation hereunder, or any security for any of the foregoing and (e) all rights of subrogation, indemnification, contribution contribution, and reimbursement against the CompanyBorrower, all rights to enforce any remedy the Trustee Lenders and the HoldersAdministrative Agent, or any of them, may have against the Company Borrower and any benefit of, or right to participate in, any collateral or security now or hereinafter held by the Trustee Lenders and the HoldersAdministrative Agent, or any of them, in respect of the Obligations, even upon until irrevocable payment in full of the Obligations. Any money received by any the Guarantor in violation of this Section shall be held in trust by such the Guarantor for the benefit of the Trustee Lenders and the HoldersAdministrative Agent. If a claim is ever made upon the Trustee Lenders and the HoldersAdministrative Agent, or any of them, for the repayment or recovery of any amount or amounts received by any of them in payment of any of the Obligations and such Person repays all or part of such amount by reason of (a) any judgment, decree, or order of any court or administrative body having jurisdiction over such Person or any of its property, or (b) any good faith settlement or compromise of any such claim effected by such Person with any such claimant, including the CompanyBorrower, then in such event such the Guarantor agrees that any such judgment, decree, order, settlement, or compromise shall be binding upon such the Guarantor, notwithstanding any revocation hereof or the cancellation of any promissory note or other instrument evidencing any of the Obligations, and such the Guarantor shall be and remain obligated to such Person hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Person.

Waivers by Guarantor. Each Guarantor hereby expressly waives, to the extent permitted by applicable law: (a) notice of acceptance of this Guaranty, (b) notice of the existence or creation of all or any of the Guaranteed Obligations, (c) presentment, demand, notice of dishonor, protest, and all other notices whatsoever, (d) all diligence in collection or protection of or realization upon the Guaranteed Obligations or any part thereof, any obligation hereunder, or any security for any of the foregoing foregoing, and (e) until Security Termination, all rights of subrogation, indemnification, contribution contribution, and reimbursement against from the CompanyBorrower, all rights to enforce any remedy which the Trustee and the HoldersSecured Parties, or any of them, may have against the Company Borrower and any benefit of, or right to participate in, any collateral or security now or hereinafter held by the Trustee and the Holders, or any of them, the Secured Parties in respect of the Obligations, even upon payment in full of the Guaranteed Obligations. Any money received by any Guarantor in violation of this Section shall be held in trust by such Guarantor for the benefit of the Trustee and the HoldersSecured Parties. If a claim is ever made upon the Trustee and the Holders, or any of them, the Secured Parties for the repayment or recovery of any amount or amounts received by any of them such Secured Party in payment of any of the Guaranteed Obligations and such Person Secured Party repays all or part of such amount by reason of (a) any judgment, decree, or order of any court or administrative body having jurisdiction over such Person Secured Party or any of its property, property or (b) any good faith settlement or compromise of any such claim effected by such Person Secured Party with any such claimant, including the CompanyBorrower, then in such event such each Guarantor agrees that any such judgment, decree, order, settlement, or compromise shall be binding upon such Guarantor, notwithstanding any revocation hereof or the cancellation of any promissory note or other instrument evidencing any of the Guaranteed Obligations, and such Guarantor shall be and remain obligated to such Person Secured Party hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such PersonSecured Party.

Waivers by Guarantor. Each Guarantor hereby expressly waives, to the extent permitted by applicable law: (a) notice of acceptance of this Guaranty, ; (b) notice of the existence or creation of all or any of the Obligations, ; (c) presentment, demand, notice of dishonor, protest, and all other notices whatsoever, ; (d) all diligence in collection or protection of or realization upon the Obligations or any part thereof, any obligation hereunder, or any security for any of the foregoing foregoing; and (e) until the indefeasible payment in full of the Obligations, all rights of subrogation, indemnification, contribution and reimbursement against the Companyany Obligor, all rights to enforce any remedy that the Trustee and the HoldersSecured Parties, or any of them, may have against the Company any Obligor and any benefit of, or right to participate in, any collateral or security now or hereinafter held by the Trustee and the HoldersSecured Parties, or any of them, in respect of the Obligations, even upon payment in full of the Obligations. Any money received by any Guarantor in violation of this Section 10 shall be held in trust by such Guarantor for the benefit of the Trustee and the HoldersSecured Parties. If a claim is ever made upon the Trustee and the HoldersSecured Parties, or any of them, for the repayment or recovery of any amount or amounts received by any of them in payment of any of the Obligations and such Person repays all or part of such amount by reason of (a) any judgment, decree, or order of any court or administrative body having jurisdiction over such Person or any of its property, or (b) any good faith settlement or compromise of any such claim effected by such Person with any such claimant, including the Companyincluding, without limitation, any Obligor, then in such event such Guarantor agrees the Guarantors agree that any such judgment, decree, order, settlement, or compromise shall be binding upon such Guarantorthe Guarantors, notwithstanding any revocation hereof or the cancellation of any promissory note or other instrument evidencing any of the Obligations, and such Guarantor the Guarantors shall be and shall remain obligated to such Person hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such PersonPerson (but only to the extent of the guaranty of Guaranteed Indebtedness set forth in Section 2 hereof).

Waivers by Guarantor. Each The Guarantor hereby expressly waives, to the extent permitted by Applicable Law: (a) notice of acceptance of this Guaranty, (b) notice of the existence or creation of all or any of the Obligations, (c) presentment, demand, notice of dishonor, protest, and all other notices whatsoever, (d) all diligence in collection or protection of or realization upon the Obligations or any part thereof, any obligation hereunder, or any security for any of the foregoing and (e) all rights of subrogation, indemnification, contribution and reimbursement against the CompanyBorrower, all rights to enforce any remedy the Trustee Lenders and the HoldersAdministrative Agent, or any of them, may have against the Company Borrower and any benefit of, or right to participate in, any collateral or security now or hereinafter held by the Trustee Lenders and the HoldersAdministrative Agent, or any of them, in respect of the Obligations, even upon until payment in full of the Obligations. Any money received by any the Guarantor in violation of this Section 12 shall be held in trust by such the Guarantor for the benefit of the Trustee Lenders and the HoldersAdministrative Agent. If a claim is ever made upon the Trustee Lenders and the HoldersAdministrative Agent, or any of them, for the repayment or recovery of any amount or amounts received by any of them in payment of any of the Obligations and such Person repays all or part of such amount by reason of (a) any judgment, decree, or order of any court or administrative body having jurisdiction over such Person or any of its property, or (b) any good faith settlement or compromise of any such claim effected by such Person with any such claimant, including including, without limitation, the CompanyBorrower, then in such event such the Guarantor agrees that any such judgment, decree, order, settlement, or compromise shall be binding upon such the Guarantor, notwithstanding any revocation hereof or the cancellation of any promissory note or other instrument evidencing any of the Obligations, and such the Guarantor shall be and remain obligated to such Person hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Person.

Waivers by Guarantor. Each The Guarantor hereby expressly waives, to the extent permitted by Applicable Law: (a) notice of acceptance of this Guaranty, (b) notice of the existence or creation of all or any of the Obligations, (c) presentment, demand, notice of dishonor, protest, and all other notices whatsoever, (d) all diligence in collection or protection of or realization upon the Obligations or any part thereof, any obligation hereunder, or any security for any of the foregoing and (e) all rights of subrogation, indemnification, contribution and reimbursement against the CompanyBorrower, all rights to enforce any remedy the Trustee Lenders and the HoldersAdministrative Agent, or any of them, may have against the Company Borrower and any benefit of, or right to participate in, any collateral or security now or hereinafter held by the Trustee Lenders and the HoldersAdministrative Agent, or any of them, in respect of the Obligations, even upon until payment in full of the Obligations. Any money received by any the Guarantor in violation of this Section 10 shall be held in trust by such the Guarantor for the benefit of the Trustee Lenders and the HoldersAdministrative Agent. If a claim is ever made upon the Trustee Lenders and the HoldersAdministrative Agent, or any of them, for the repayment or recovery of any amount or amounts received by any of them in payment of any of the Obligations and such Person repays all or part of such amount by reason of (a) any judgment, decree, or order of any court or administrative body having jurisdiction over such Person or any of its property, or (b) any good faith settlement or compromise of any such claim effected by such Person with any such claimant, including including, without limitation, the CompanyBorrower, then in such event such the Guarantor agrees that any such judgment, decree, order, settlement, or compromise shall be binding upon such the Guarantor, notwithstanding any revocation hereof or the cancellation of any promissory note or other instrument evidencing any of the Obligations, and such the Guarantor shall be and remain obligated to such Person hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Person.

Waivers by Guarantor. Each The Guarantor hereby expressly waives: (a) notice of acceptance of this Guaranty, (b) notice of the existence or creation of all or any of the Obligations, (c) presentment, demand, notice of dishonor, protest, and all other notices whatsoever, (d) all diligence in collection or protection of or realization upon the Obligations or any part thereof, any obligation hereunder, or any security for any of the foregoing and (e) all rights of subrogation, indemnification, contribution and reimbursement against the CompanyBorrower, all rights to enforce any remedy the Trustee Banks, the Swing Line Lender, and the HoldersAdministrative Agent, or any of them, may have against the Company Borrower and any benefit of, or right to participate in, any collateral or security now or hereinafter held by the Trustee Banks, the Swing Line Lender, and the HoldersAdministrative Agent, or any of them, in respect of the Obligations, even upon payment in full of the Obligations. Any money received by any the Guarantor in violation of this Section shall be held in trust by such the Guarantor for the benefit of the Trustee Banks, the Swing Line Lender and the HoldersAdministrative Agent. If a claim is ever made upon the Trustee Banks, the Swing Line Lender, and the HoldersAdministrative Agent, or any of them, for the repayment or recovery of any amount or amounts received by any of them in payment of any of the Obligations and such Person repays all or part of such amount by reason of (a) any judgment, decree, or order of any court or administrative body having jurisdiction over such Person or any of its property, or (b) any good faith settlement or compromise of any such claim effected by such Person with any such claimant, including the CompanyBorrower, then in such event such the Guarantor agrees that any such judgment, decree, order, settlement, or compromise shall be binding upon such the Guarantor, notwithstanding any revocation hereof or the cancellation of any promissory note or other instrument evidencing any of the Obligations, and such the Guarantor shall be and remain obligated to such Person hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Person.