Waiver; Subrogation. (a) The Guarantor hereby waives promptness, diligence, notice of acceptance and any other notice with respect to this Guarantee and any requirement that the Trustee, or the Holders of any Debt Securities protect, secure, perfect or insure any security interest or lien or any property subject thereto or exhaust any right or take any action against the Issuer or any other Person or any collateral.
(b) The Guarantor hereby irrevocably waives any claims or other rights that it may now or hereafter acquire against the Issuer that arise from the existence, payment, performance or enforcement of the Guarantor’s obligations under this Guarantee or the Indenture, including, without limitation, any right of subrogation, reimbursement, exoneration, contribution or indemnification and any right to participate in any claim or remedy of the Trustee, or the Holders of any Debt Securities against the Issuer or any collateral, whether or not such claim, remedy or right arises in equity or under contract, statute or common law, including, without limitation, the right to take or receive from the Issuer, directly or indirectly, in cash or other property or by set-off or in any other manner, payment or security on account of such claim, remedy or right. If any amount shall be paid to the Guarantor in violation of the preceding sentence at any time prior to the cash payment in full of the Obligations and all other amounts payable under this Guarantee, such amount shall be held in trust for the benefit of the Trustee and the Holders of any Debt Securities and shall forthwith be paid to the Trustee, to be credited and applied to the Obligations and all other amounts payable under this Guarantee, whether matured or unmatured, in accordance with the terms of the Indenture and this Guarantee, or be held as collateral for any Obligations or other amounts payable under this Guarantee thereafter arising. The Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated by the Indenture and this Guarantee and that the waiver set forth in this Section 4 is knowingly made in contemplation of such benefits.
Waiver; Subrogation. (a) The Guarantor hereby waives diligence, presentment, demand of payment, filing of claims with a court in the event of merger or bankruptcy of the Issuer, any right to require a proceeding filed first against the Issuer, protest or notice with respect to the Debt Securities or the indebtedness evidenced thereby and all demands whatsoever.
(b) The Guarantor shall be subrogated to all rights of the Trustee or the holders of any Debt Securities against the Issuer in respect of any amounts paid to the Trustee or such holder by the Guarantor pursuant to the provisions of this Guarantee; provided, however, that the Guarantor shall not be entitled to enforce, or to receive any payments arising out of or based upon, such right of subrogation until all Obligations shall have been paid in full.
Waiver; Subrogation. (a) The Guarantor hereby waives notice of the following events or occurrences:
(i) the Lender's acceptance of this Subsidiary Guaranty;
(ii) the Lender heretofore, now or from time to time hereafter loaning monies or giving or extending credit to or for the benefit of the Company, whether pursuant to the Debentures or any amendments, modifications, or supplements thereto, or replacements or extensions thereof;
(iii) the Lender or the Company heretofore, now or at any time hereafter, obtaining, amending, substituting for, releasing, waiving or modifying the Debentures, the Loan Agreement or the Loan Documents;
(iv) presentment, demand, notices of default, non-payment, partial payment, notice of dishonor, suit, protest or taking other action by the Lender;
(v) the Lender heretofore, now or at any time hereafter granting to the Company (or any other party liable to the Lender on account of the Liabilities) any indulgence or extensions of time of payment of the Liabilities;
(vi) any agreement among any of holders of the Debentures relating to this Subsidiary Guarantee or any other matter; and
Waiver; Subrogation. Each Guarantor hereby waives notice of the following events or
Waiver; Subrogation. (a) The Guarantor hereby waives notice of the following events or occurrences: (i) the Agent's acceptance of this Guaranty Agreement; (ii) the Lenders' heretofore, now or from time to time hereafter making Loans and otherwise loaning monies or giving or extending credit to or for the benefit of the Borrower, whether pursuant to the Credit Agreement or the Notes or any other Loan Document or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iii) the Secured Parties or the Borrower heretofore, now or at any time hereafter, obtaining, amending, substituting for,
Waiver; Subrogation. 62 5.6 Set-Off and Waiver..................................................................... 63 ARTICLE VI TAXES, YIELD PROTECTION AND ILLEGALITY
Waiver; Subrogation. As long as their respective insurers so permit, Landlord and Tenant hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall obtain any special endorsements, if required by their Insurer, to evidence compliance with the aforementioned waiver.
Waiver; Subrogation. (a) The Guarantor hereby waives, to the fullest extent permitted by applicable law, (i) notice of acceptance of this Guarantee, diligence, presentment, demand of payment, filing of claims with a court in the event of merger or bankruptcy of the Company, any right to require a proceeding filed first against the Company, protest or notice with respect to the Securities or the indebtedness evidenced thereby and all demands whatsoever and covenants that this Guarantee shall not be discharged except by complete performance of the obligations contained in the Indenture and the Securities, or pursuant to Section 3 hereof and (ii) all defenses or benefits that may be afforded by applicable law limiting the liability of or exonerating it as a surety.
(b) The Guarantor shall be subrogated to all rights of the Trustee or the Holders against the Company in respect of any amounts paid to the Trustee or such Holder by the Guarantor pursuant to the provisions of this Guarantee; provided, however, that the Guarantor shall not be entitled to enforce, or to receive any payments arising out of, or based upon, such right of subrogation until all Guaranteed Obligations shall have been paid in full.
Waiver; Subrogation. Contractor and Subcontractor waive all rights against each other and their respective consultants, subcontractors, and sub-subcontractors, agents and employees, for damages caused by perils to the extent covered by insurance provided in Section 9.4, except such rights as they may have to the insurance proceeds. Subcontractor will require similar waivers from its subcontractors. If the policies of insurance referred to in this Article require an endorsement to provide for continuous coverage where there is a waiver of subrogation, the owner of such policies will cause them to be so endorsed.
Waiver; Subrogation. To the extent lawful and without adversely affecting any insurance carried by such party, Landlord and Tenant each releases and waives any right to recover against the other party for any liability for any loss or damage to property and any other loss or damage to the extent of coverage under any "All Risk" or "Special Form" policy of insurance maintained by such party, irrespective of any negligent act or omission of such other party which may have caused such loss or damage in whole or in part. Each party shall obtain, for the benefit of the other party, from the relevant insurer, if available, a waiver of any right of subrogation which the insurer of such party may acquire against the other party by reason of the payment of any such loss covered by such insurance.
