Waivers by the Guarantor Sample Clauses

Waivers by the Guarantor. The Guarantor hereby waives, for the benefit of Lenders and Agent: (a) any right to require Agent or Lenders, as a condition of payment or performance by the Guarantor, to (i) proceed against the Partnership, any other guarantor of the Guarantied Obligations or any other Person, (ii) proceed against or exhaust any security held from the Partnership, any other guarantor of the Guarantied Obligations or any other Person, (iii) proceed against or have resort to any balance of any deposit account or credit on the books of Agent or any Lender in favor of the Partnership or any other Person, or (iv) pursue any other remedy in the power of Agent or any Lender whatsoever; (b) any defense arising by reason of the incapacity, lack of authority or any disability or other defense of the Partnership including, without limitation, any defense based on or arising out of the lack of validity or the unenforceability of the Guarantied Obligations or any agreement or instrument relating thereto or by reason of the cessation of the liability of the Partnership from any cause other than indefeasible payment in full of the Guarantied Obligations; (c) any defense based upon any statute or rule of law which provides that the obligation of a surety must be neither larger in amount nor in other respects more burdensome than that of the principal; (i) any principles or provisions of law, statutory or otherwise, which are or might be in conflict with the terms of this Guaranty and any legal or equitable discharge of the Guarantor's obligations hereunder, (ii) the benefit of any statute of limitations affecting the Guarantor's liability hereunder or the enforcement hereof, and (iii) promptness, diligence and any requirement that Agent or any Lender protect, secure, perfect or insure any security interest or lien or any property subject thereto; (e) notices, demands, presentments, protests, notices of protest, notices of dishonor and notices of any action or inaction, including acceptance of this Guaranty, notices of default hereunder or any agreement or instrument related thereto, notices of any renewal, extension or modification of the Guarantied Obligations or any agreement related thereto, notices of any extension of credit to the Partnership and notices of any of the matters referred to in Section 8.02 and any right to consent to any thereof; and (f) any defenses or benefits that may be derived from or afforded by law which limit the liability of or exonerate guarantors or suretie...
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Waivers by the Guarantor. The Guarantor hereby unconditionally and irrevocably waives: (A) notice from the City of its acceptance of this Guaranty; (B) notice of any of the events referred to in Section 3.3 hereof except to the extent that notice is required to be given as a condition to the enforcement of Obligations; (C) to the fullest extent lawfully possible, all notices which may be required by statute, rule of law or otherwise to preserve intact any rights against the Guarantor, except any notice to the Company required pursuant to the Guaranteed Agreements or Applicable Law as a condition to the performance of any Obligation; (D) to the fullest extent lawfully possible, any statute of limitations defense based on a statute of limitations period which may be applicable to guarantors (or parties in similar relationships) which would be shorter than the applicable statute of limitations period for the underlying claim; (E) any right to require a proceeding first against the Company; (F) any right to require a proceeding first against any person or the security provided by or under any Transaction Agreement except to the extent such Transaction Agreement specifically requires a proceeding first against any person (except the Company) or security; (G) any requirement that the Company be joined as a party to any proceeding for the enforcement of any term of any Transaction Agreement; (H) the requirement of, or the notice of, the filing of claims by the City in the event of the receivership or bankruptcy of the Company; and (I) all demands upon the Company or any other person and all other formalities the omission of any of which, or delay in performance of which, might, but for the provisions of this Section 3.5, by rule of law or otherwise, constitute grounds for relieving or discharging the Guarantor in whole or in part from its absolute, present, irrevocable, unconditional and continuing obligations hereunder.
Waivers by the Guarantor. The Guarantor hereby waives with respect to the Notes, the other Financing Documents, the Guaranty and the indebtedness evidenced thereby the following: diligence; presentment; demand for payment; any right to require a proceeding first against the Company or any other such Person; protest; notice of dishonor or nonpayment of any such liabilities and any other notice and all demands whatsoever. The Guarantor hereby waives notice from the Holder and the Company (A) of the execution and delivery of the Notes, and (B) of acceptance of, or notice and proof of reliance on, the benefits of this Guaranty.
Waivers by the Guarantor. The Guarantor hereby waives any and all notices whatsoever with respect to this Guaranty or with respect to any of the obligations of the Issuer to Investors, including, but not limited to, notice of: (i) Investors' acceptance hereof or Investors' intention to act, or Investors' action, in reliance hereon; (ii) the present existence or future incurring of any of the Obligations of the Issuer to Investors or any terms or amounts thereof or any change therein; and (iii) any default by the Issuer.
Waivers by the Guarantor. The Guarantor irrevocably waives acceptance hereof, diligence, presentment, demand, protest, notice of dishonor, notice of any sale of collateral and any notice not provided for herein, and any requirement that at any time any person exhaust any right to take any action against the Company or its assets or any other guarantor or person. Without limitation of the foregoing, Guarantor expressly waives and agrees to waive its rights under Chapter 43 of the Texas Civil Practice and Remedies Code and releases and agrees to release the Counterparty from its obligations thereunder.
Waivers by the Guarantor. The undersigned hereby waives notice of acceptance of this continuing Guarantee, notice of any and all of the obligations, and notice upon the making or granting by the Bank at any time of any and all renewals, extensions or modification of any of the obligations. The undersigned also waives notice of any default by the Borrower in payment of, or performance under, any of the obligations, as well as presentment, protest, notice of dishonour, and demand for payment of any of the obligations. In addition, the undersigned waives any right to compel the Bank to sxx upon, enforce payment for, or take action on default in respect of, any or all of the obligations.
Waivers by the Guarantor. The Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against the Borrower or any other Person.
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Waivers by the Guarantor. The Guarantor irrevocably waives all defenses, including, without limitation, suretyship defenses, and any requirement that at any time any action be taken by any person or entity against the Obligor, the Guarantor or any other person or entity.
Waivers by the Guarantor. The Guarantor hereby waives: (a) any and all notices whatsoever with respect to this Guaranty or with respect to any of the obligations of the Borrower to GE Capital, including, but not limited to, notice of: (i) GE Capital's acceptance hereof or GE Capital's intention to act, or GE Capital's action, in reliance hereon; (ii) the present existence or future incurring of any of the obligations of the Borrower to GE Capital or any terms or amounts thereof or any change therein; (iii) any default by the Borrower or any Other Obligor; and (iv) the obtaining or release of any guaranty or surety agreement, pledge, assignment, or other security for any of the obligations of the Borrower to GE Capital; (b) presentment and demand for payment of any sum due from the Borrower or any Other Obligor and protest of nonpayments; and (c) demand for performance by the Borrower or any Other Obligor.
Waivers by the Guarantor. The Guarantor waives (a) presentment and demand for payment of any sum due from the Borrower, the Partnership Guarantor or the Corporate Guarantor and protest of nonpayment; (b) notice of default by the Borrower, the Partnership Guarantor or the Corporate Guarantor; (c) demand for performance by the Borrower, the Partnership Guarantor or the Corporate Guarantor; and (d) any right to a jury trial in any action brought at any time or from time to time on this Guaranty Agreement or any other Loan Document.
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