Common use of Waivers by the Guarantor Clause in Contracts

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 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 Phase III Site Lease 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 unconditionally and irrevocably waives: (A1) notice from the City RECEIVER/TRUSTEE of its acceptance of this Guaranty; (B2) notice of any of the events referred to in Section 3.3 hereof SECTION 3.04 hereof, except to the extent that notice is required to be given as a condition to the enforcement of Obligations; (C3) 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 Operator required pursuant to the Guaranteed Agreements Agreement or Applicable Law Laws as a condition to the performance of any Obligation; (D4) to the fullest extent lawfully possible, any statute of limitations limitation 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; (E5) any right to require a proceeding first against the CompanyOperator; (F6) any right to require a proceeding first against any person or the security provided by or under any Transaction the Agreement except to the extent such Transaction the Agreement specifically requires a proceeding first against any person (except the CompanyOperator) or security; (G7) any requirement that the Company Operator be joined as a party to any proceeding for the enforcement of any term of any Transaction Agreementthe Agreement or this Guaranty; (H) 8) the requirement of, or the notice of, the filing of claims by the City RECEIVER/TRUSTEE in the event of the receivership or bankruptcy of the CompanyOperator; and (I9) all demands upon the Company Operator 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 3.5SECTION 3.06, by rule of or 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 unconditionally and irrevocably waives: (A1) notice from the City Authority of its acceptance of this Guaranty; (B2) 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; (C3) to the fullest extent lawfully possible, all notices which may be required by statute, rule of law Law or otherwise to preserve intact any rights against the Guarantor, except any notice to the Company required pursuant to the Guaranteed Agreements Service Agreement or Applicable Law as a condition to the performance of any Obligation; (D4) 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 Parties in similar relationships) which would be shorter than the applicable statute of limitations period for the underlying claim; (E5) any right to require a proceeding first against the Company; (F6) any right to require a proceeding first against any person Person or the security provided by or under any Transaction the Service Agreement except to the extent such Transaction Service Agreement specifically requires a proceeding first against any person Person (except the Company) or security; (G7) any requirement that the Company be joined as a party Party to any proceeding for the enforcement of any term of any Transaction Service Agreement; (H) 8) the requirement of, or the notice of, the filing of claims by the City Authority in the event of the receivership or bankruptcy of the Company; and (I9) all demands upon the Company or any other person 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 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 Obligations hereunder.

Waivers by the Guarantor. The Guarantor hereby unconditionally and irrevocably waives: (A1) notice from the City Borough of its acceptance of this Guaranty; (B2) 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; (C3) 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 Agreement or Applicable Law as a condition to the performance of any Obligation; (D4) 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; (E5) any right to require a proceeding first against the Company; (F6) 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; (G7) any requirement that the Company be joined as a party to any proceeding for the enforcement of any term of any Transaction Agreement; (H) 8) the requirement of, or the notice of, the filing of claims by the City Borough in the event of the receivership or bankruptcy of the Company; and (I9) 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 unconditionally and irrevocably waives:waives:‌ (A1) notice from the City of its acceptance of this Guaranty; (B2) notice of any of the events referred to in Section 3.3 hereof hereof, except to the extent that notice is required to be given as a condition to the enforcement of Obligations; (C3) 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 Agreement or Applicable Law as a condition to the performance of any Obligation; (D4) 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; (E5) any right to require a proceeding first against the Company; (F6) 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; (G7) any requirement that the Company be joined as a party to any proceeding for the enforcement of any term of any Transaction Agreement; (H) 8) 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 (I9) 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 3.53.5 hereof, 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.