Common use of Absolute Liability Clause in Contracts

Absolute Liability. The Guarantor hereby guarantees that the Guaranteed Obligations will be paid to the Holders strictly in accordance with the terms and conditions hereof, and that the liability of the Guarantor under this Guarantee shall be absolute and unconditional irrespective of: (a) the validity or enforceability of the Securities or the Warrant Agreements; (b) any contest by the Company or any other person as to the amount of the Guaranteed Obligations or the validity or enforceability of the Securities or the Warrant Agreements; (c) any defense, counter-claim or right of set-off available to the Company; (d) any extension of the time or times for payment of the Guaranteed Obligations or any other indulgences which the Holders may grant to the Company or any amendment to or alteration of the Warrant Agreements or the Securities; and (e) any other circumstances which might otherwise constitute a defense available to, or a discharge of, the Guarantor, the Company or any other person in respect of the Guaranteed Obligations or the Guarantor in respect of the Guarantee.

Appears in 2 contracts

Sources: Guarantee (At&t Capital Corp /De/), Guarantee (At&t Capital Corp /De/)

Absolute Liability. The Guarantor hereby guarantees that the Guaranteed Obligations will be paid to the Holders strictly in accordance with the terms and conditions hereof, and that the liability of the Guarantor under this Guarantee shall be absolute and unconditional irrespective of: (a) the validity or enforceability of the the Securities or the Warrant AgreementsIndenture; (b) any contest by the Company or any other person as to the amount of the Guaranteed Obligations or the validity or enforceability of the Securities or the Warrant AgreementsIndenture; (c) any defense, counter-claim or right of set-off available to the Company; (d) any extension of the time or times for payment of the Guaranteed Obligations or any other indulgences which the Holders may grant to the Company or any amendment to or alteration of the Warrant Agreements Indenture or the Securities; and (e) any other circumstances which might otherwise constitute a defense available to, or a discharge of, the Guarantor, the Company or any other person in respect of the Guaranteed Obligations or the Guarantor in respect of the Guarantee.

Appears in 2 contracts

Sources: Guarantee (At&t Capital Corp /De/), Guarantee (At&t Capital Corp /De/)

Absolute Liability. The Guarantor hereby guarantees that the Guaranteed Obligations will be paid to the Holders strictly in accordance with the terms and conditions hereof, and that the liability of the Guarantor under this Guarantee shall be absolute and unconditional irrespective of: (a) the validity or enforceability of the Securities or the Warrant AgreementsIndenture; (b) any contest by the Company or any other person Person as to the amount of the Guaranteed Obligations or the validity or enforceability of the Securities or the Warrant AgreementsIndenture; (c) any defense, counter-claim or right of set-off available to the Company; (d) any extension of the time or times for payment of the Guaranteed Obligations or any other indulgences which the Holders may grant to the Company or any amendment to or alteration of the Warrant Agreements Indenture or the Securities; (e) the commencement by or against the Company or the Guarantor or any other Person of any proceedings under any bankruptcy or insolvency law or laws relating to the relief of debtors, readjustment of indebtedness, reorganizations, arrangements, compositions or extension or other similar laws; and (ef) any other circumstances which might otherwise constitute a defense available to, or a discharge of, the Guarantor, the Company or any other person Person in respect of the Guaranteed Obligations or the Guarantor in respect of the Guarantee.

Appears in 1 contract

Sources: Debt Securities Guarantee (Newcourt Credit Group Inc)

Absolute Liability. The Guarantor hereby guarantees that the Guaranteed Obligations will be paid to the Holders strictly in accordance with the terms and conditions hereof, and that the liability of the Guarantor under this Guarantee shall be absolute and unconditional irrespective of: (a) the validity or enforceability of the Securities or the Warrant Agreements; (b) any contest by the Company or any other person as to the amount of the Guaranteed Obligations or the validity or enforceability of the Securities or the Warrant Agreements; (c) any defense, counter-claim or right of set-off available to the Company; (d) any extension of the time or times for payment of the Guaranteed Obligations or any other indulgences which the Holders may grant to the Company or any amendment to or alteration of the Warrant Agreements or the Securities; (e) the commencement by or against the Company or the Guarantor or any other person of any proceedings under any bankruptcy or insolvency law or laws relating to the relief of debtors, readjustment of indebtedness, reorganizations, arrangements, compositions or extension or other similar laws; and (ef) any other circumstances which might otherwise constitute a defense available to, or a discharge of, the Guarantor, the Company or any other person in respect of the Guaranteed Obligations or the Guarantor in respect of the Guarantee.

Appears in 1 contract

Sources: Warrant Guarantee (Newcourt Credit Group Inc)

Absolute Liability. The Guarantor hereby guarantees that the Guaranteed Obligations will be paid to the Holders strictly in accordance with the terms and conditions hereof, and that the liability of the Guarantor under this Guarantee shall be absolute and unconditional irrespective of: (a) the validity or enforceability of the Securities or the Warrant AgreementsIndenture; (b) any contest by the Company or any other person as to the amount of the Guaranteed Obligations or the validity or enforceability of the Securities or the Warrant AgreementsIndenture; (c) any defense, counter-claim or right of set-off available to the Company; (d) any extension of the time or times for payment of the Guaranteed Obligations or any other indulgences which the Holders may grant to the Company or any amendment to or alteration of the Warrant Agreements Indenture or the Securities; and (e) any other circumstances which might otherwise constitute a defense available to, or a discharge of, the Guarantor, the Company or any other person in respect of the Guaranteed Obligations or the Guarantor in respect of the Guarantee.

Appears in 1 contract

Sources: Guarantee (At&t Capital Corp /De/)

Absolute Liability. The Guarantor hereby guarantees that the Guaranteed Obligations will be paid to the Holders strictly in accordance with the terms and conditions hereof, and that the liability of the Guarantor under this Guarantee shall be absolute and unconditional irrespective of: (a) the validity or enforceability of the Securities or the Warrant AgreementsIndenture; (b) any contest by the Company or any other person as to the amount of the Guaranteed Obligations or the validity or enforceability of the Securities or the Warrant AgreementsIndenture; (c) any defense, counter-claim or right of set-off available to the Company; (d) any extension of the time or times for payment of the Guaranteed Obligations or any other indulgences which the Holders may grant to the Company or any amendment to or alteration of the Warrant Agreements Indenture or the Securities; (e) the commencement by or against the Company or the Guarantor or any other Person of any proceedings under any bankruptcy or insolvency law or laws relating to the relief of debtors, readjustment of indebtedness, reorganizations, arrangements, compositions or extension or other similar laws; and (ef) any other circumstances which might otherwise constitute a defense available to, or a discharge of, the Guarantor, the Company or any other person in respect of the Guaranteed Obligations or the Guarantor in respect of the Guarantee.

Appears in 1 contract

Sources: Guarantee (At&t Capital Corp /De/)