Common use of Waivers of Notices and Defenses Clause in Contracts

Waivers of Notices and Defenses. The Guarantor hereby waives acceptance hereof, promptness, diligence, presentment, demand, protest and any notice not provided for herein (including without limitation notice of acceptance, presentment, demand, protest and notice of dishonor with respect to the Merger Agreement or this Guaranty), as well as any requirement that at any time any action be taken by any Person against Parent, Merger Sub or any other Person and any other right or protection to which it would otherwise be entitled pursuant to the Israeli Guarantee Law, 1967 and any regulations promulgated thereunder that can be waived, except that no payment shall be sought from the Guarantor under this Guaranty unless a notice has been served to Parent with a copy to the Guarantor and indicating an intention to claim under this Guaranty. Without limiting the generality of the foregoing, the Guarantor hereby waives any right to require, substantively or procedurally, that (a) a judgment previously be rendered against Parent, Merger Sub or any other Person except Guarantor, (b) Parent, Merger Sub or any other Person be joined in any action against the Guarantor, or (c) an action separate from one against the Guarantor be brought against Parent, Merger Sub or any Person.

Waivers of Notices and Defenses. The Guarantor Parent hereby waives acceptance hereof, promptness, diligence, presentment, demand, protest and any notice not provided for herein (including without limitation notice of acceptance, presentment, demand, protest and notice of dishonor with respect to the Merger Agreement or this GuarantyAgreement), as well as any requirement that at any time any action be taken by any Person against Parent, Merger Sub Acquirer or any other Person and any other right or protection to which it would otherwise be entitled pursuant to the Israeli Guarantee Law, 1967 and any regulations promulgated thereunder that can be waived, except that no payment shall be sought from the Guarantor under this Guaranty unless a notice has been served to Parent with a copy to the Guarantor and indicating an intention to claim under this Guaranty. Without limiting the generality of the foregoing, the Guarantor Parent hereby waives any right to require, substantively or procedurally, that (a) a judgment previously be rendered against Parent, Merger Sub Acquirer or any other Person except GuarantorParent, (b) Parent, Merger Sub Acquirer or any other Person be joined in any action against the GuarantorParent, or (c) an action separate from one against the Guarantor Parent be brought against Parent, Merger Sub Acquirer or any Person. Notwithstanding any provision of this Section 6.17 to the contrary, Parent shall be entitled to assert as a defense to any claim for payment or performance of any Guaranteed Obligations that (i) such Guaranteed Obligations are not currently due and payable, (ii) such Guaranteed Obligations have been paid or performed in full or (iii) the Company (prior to the Closing Date) or relevant third party beneficiary shall have expressly released its rights to such Guaranteed Obligations in connection with a settlement or compromise thereof.