Common use of WAIVERS OF GUARANTOR Clause in Contracts

WAIVERS OF GUARANTOR. Guarantor waives all set-offs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor and diligence with respect to the Indebtedness and the obligations of Guarantor hereunder, the filing of any claims with a court in the event of receivership or bankruptcy of Borrower, and notices of acceptance of this Guaranty. Guarantor further waives all notices that the principal amount, any payment or any portion thereof, any interest or Make-Whole Amount on the Indebtedness or any portion thereof is due, notices of any and all proceedings to collect from Borrower, anyone primarily or secondarily liable with respect to the Indebtedness or any portion thereof, or from anyone else, and, to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security securing payment of the Indebtedness or this Guaranty. The Guarantor agrees that the Noteholders shall not be under any obligation to marshall any assets in favor of Guarantor or against xx xx xayment of any or all of the Indebtedness. Guarantor hereby waives and releases Borrower from any and all "claims" (as defined in Section 101(4) of the Bankruptcy Code) to which Guarantor is or would at any time be entitled by virtue of its obligations under this Guaranty, including, without limitation, any right of subrogation (whether contractual, under Section 509 of the Bankruptcy Code or otherwise), reimbursement, contribution, indemnity, exoneration or similar right against Borrower. Guarantor further waives any right to demand security from Borrower and any benefit of, and any right to participate in, any security given to the Noteholders to secure payment of the Indebtedness or any other liability of Borrower to the Noteholders.

WAIVERS OF GUARANTOR. Guarantor waives all set-offs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor and diligence with respect to the Indebtedness and the obligations of Guarantor hereunder, the filing of any claims with a court in the event of receivership or bankruptcy of Borrower, and notices of acceptance of this Guaranty. Guarantor further waives all notices that the principal amount, any payment or any portion thereof, any interest or Make-Whole Yield- Maintenance Amount on the Indebtedness or any portion thereof is due, notices of any and all proceedings to collect from Borrower, anyone primarily or secondarily liable with respect to the Indebtedness or any portion thereof, or from anyone else, and, to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security securing payment of the Indebtedness or this Guaranty. The Guarantor agrees that the Noteholders Lender shall not be under any obligation to marshall any assets in asxxxx xx favor of Guarantor or against xx xx xayment or in payment of any or all of the Indebtedness. The Guarantor hereby waives and releases the Borrower from any and all "claims" (as defined in Section 101(4) of the Bankruptcy Code) to which the Guarantor is or would at any time be entitled by virtue of its obligations under this Guaranty, including, without limitation, any right of subrogation (whether contractual, under Section 509 of the Bankruptcy Code or otherwise), reimbursement, contribution, indemnity, exoneration or similar right against the Borrower. Guarantor further waives any right to demand security from Borrower and any benefit of, and any right to participate in, any security given to the Noteholders Lender to secure payment of the Indebtedness or any other liability of Borrower to the NoteholdersLender.

WAIVERS OF GUARANTOR. (a) Guarantor waives all set-offs does hereby waive notice of acceptance hereof, notice of the extension of credit from time to time given by Lender to Debtor and counterclaims the creation, existence or acquisition of any Obligations hereby guaranteed, notice of the amount of the Obligations of Debtor to Lender from time to time, notice of adverse change in the Debtor’s financial condition or of any other fact which might increase Guarantor ’s risk, notice of presentment for payment, demand and protest, notice of default and all presentments, other notices and demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor and diligence with respect to the Indebtedness and the obligations of which Guarantor hereunder, the filing of any claims with a court in the event of receivership or bankruptcy of Borrower, and notices of acceptance of this Guaranty. might otherwise be entitled. (b) Guarantor further waives all notices that the principal amountright to a jury trial in any action hereunder and any rights established by statute or otherwise to require Lender to institute suit against Debtor or to exhaust its rights and remedies first against Debtor, any Guarantor being bound to the payment or any portion thereof, any interest or Make-Whole Amount on the Indebtedness or any portion thereof is due, notices of any each and all proceedings Obligations of Debtor to collect from Borrower, anyone primarily or secondarily liable with respect Lender as fully as if such Obligations were directly owing to the Indebtedness or any portion thereof, or from anyone else, and, to the extent permitted Lender by law, notices of exchange, sale, surrender or other handling of any security securing payment of the Indebtedness or this Guaranty. The Guarantor agrees that the Noteholders shall not be under any obligation to marshall any assets in favor of Guarantor or against xx xx xayment of any or all of the Indebtedness. Guarantor hereby waives and releases Borrower from any and all "claims" Guarantor. (as defined in Section 101(4c) of the Bankruptcy Code) to which Guarantor is or would at any time be entitled by virtue of its obligations under this Guaranty, including, without limitation, any right of subrogation (whether contractual, under Section 509 of the Bankruptcy Code or otherwise), reimbursement, contribution, indemnity, exoneration or similar right against Borrower. Guarantor further waives any right to demand security defense arising by reason of any disability or other defense of Debtor or by reason of the cessation from Borrower any cause whatsoever of the liability of Debtor and any benefit ofdefense that other indemnity, guaranty, or security was to be obtained. (d) Guarantor shall have no right of subrogation, reimbursement or indemnity whatsoever and no right of recourse to or with respect to any right asset or property of Debtor or to participate in, any security given to collateral for the Noteholders to secure Obligations of Debtor. Nothing shall discharge or satisfy the liability of Guarantor hereunder except the full performance and payment of the Indebtedness or any other liability Obligations of Borrower to the NoteholdersDebtor with interest.

WAIVERS OF GUARANTOR. Guarantor waives all set-offs and counterclaims and all presentments, demands for performance, notices of nonperformance, protests, notices of protest, notices of dishonor and diligence with respect to the Indebtedness and the obligations of Guarantor hereunder, the filing of any claims with a court in the event of receivership or bankruptcy of Borrower, and notices of acceptance of this Guaranty. Guarantor further waives all notices that the principal amount, any payment or any portion thereof, any interest or Make-Whole Amount on the Indebtedness or any portion thereof is due, notices of any and all proceedings to collect from Borrower, anyone primarily or secondarily liable with respect to the Indebtedness or any portion thereof, or from anyone else, and, to the extent permitted by law, notices of exchange, sale, surrender or other handling of any security securing payment of the Indebtedness or this Guaranty. The Guarantor agrees that the Noteholders shall not be under any obligation to marshall any assets in favor of Guarantor or against or xx xx xayment xxxxent of any or all of the Indebtedness. Guarantor hereby waives and releases Borrower from any and all "claims" (as defined in Section 101(4) of the Bankruptcy Code) to which Guarantor is or would at any time be entitled by virtue of its obligations under this Guaranty, including, without limitation, any right of subrogation (whether contractual, under Section 509 of the Bankruptcy Code or otherwise), reimbursement, contribution, indemnity, exoneration or similar right against Borrower. Guarantor further waives any right to demand security from Borrower and any benefit of, and any right to participate in, any security given to the Noteholders to secure payment of the Indebtedness or any other liability of Borrower to the Noteholders.