Common use of Defenses of Borrower Waived Clause in Contracts

Defenses of Borrower Waived. To the fullest extent permitted by applicable law, each Guarantor waives any defense based on or arising out of any defense of the Borrower or any other Guarantor or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Borrower or any other Guarantor, other than termination of the guarantees as provided in Section 9(a). The Administrative Agent, the other Lenders and the Issuing Banks may, at their election, compromise or adjust any part of the Obligations, make any other accommodation with the Borrower or any other guarantor or exercise any other right or remedy available to them against the Borrower or any other guarantor, without affecting or impairing in any way the liability of any Guarantor hereunder except to the extent the Obligations have been fully paid in cash. Pursuant to applicable law, each Guarantor waives any defense arising out of any such election even though such election operates, pursuant to applicable law, to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of such Guarantor against the Borrower or any other Guarantor.

Appears in 2 contracts

Samples: Guarantee Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc)

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Defenses of Borrower Waived. To the fullest extent permitted by applicable law, each Guarantor waives any defense based on or arising out of any defense of the Borrower or any other Guarantor Sponsor or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Borrower or any other GuarantorSponsor, other than termination the final and indefeasible payment in full in cash of the guarantees as provided in Section 9(a)Obligations. The Administrative Agent, the other Lenders and the Issuing Banks Guaranteed Parties may, at their election, foreclose on any security held by one or more of them by one or more judicial or nonjudicial sales, accept an assignment of any such security in lieu of foreclosure, compromise or adjust any part of the Obligations, make any other accommodation with the Borrower or any other guarantor or exercise any other right or remedy available to them against the Borrower Sponsor or any other guarantor, without affecting or impairing in any way the liability of any Guarantor hereunder except to the extent the Obligations have been fully fully, finally and indefeasibly paid in cash. Pursuant to applicable law, each Guarantor waives any defense arising out of any such election even though such election operates, pursuant to applicable law, to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of such Guarantor against the Borrower Sponsor or any other GuarantorGuarantor or guarantor, as the case may be, or any security.

Appears in 2 contracts

Samples: Guaranty Agreement (Aaron Rents Inc), Credit and Security Agreement (Aaron Rents Inc)

Defenses of Borrower Waived. To the fullest extent permitted by applicable law, each Guarantor of the Guarantors waives any defense based on or arising out of any defense of the Borrower or any other Guarantor or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Borrower or any other GuarantorBorrower, other than termination the indefeasible payment in full in cash of all the guarantees as provided in Section 9(a)Obligations. The Administrative Agent, the other Lenders Agent and the Issuing Banks Lenders may, at their election, compromise or adjust any part of the Obligations, make any other accommodation with the Borrower or any other guarantor Guarantor or exercise any other right or remedy available to them against the Borrower or any other guarantorGuarantor, without affecting or impairing in any way the liability of any Guarantor hereunder except to the extent that all the Obligations have been fully indefeasibly paid in full in cash. Pursuant to applicable law, each Guarantor of the Guarantors waives any defense arising out of any such election even though such election operates, pursuant to applicable law, to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of such Guarantor against the Borrower or any other Guarantor.

Appears in 2 contracts

Samples: Credit Agreement (Convergys Corp), Credit Agreement (Convergys Corp)

Defenses of Borrower Waived. To the fullest extent permitted by applicable law, each Guarantor of the Guarantors waives any defense based on or arising out of any defense of the Borrower or any other Guarantor Loan Party or the unenforceability of the Guaranteed Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Borrower or any other GuarantorLoan Party, other than termination the payment in full in cash of the guarantees as provided in Section 9(aGuaranteed Obligations (other than contingent indemnification obligations). The Administrative Agent, the other Lenders Agent and the Issuing Banks Lenders may, at their election, compromise or adjust any part of the Guaranteed Obligations, make any other accommodation with the Borrower any Loan Party or any other guarantor or exercise any other right or remedy available to them against the Borrower any Loan Party or any other guarantor, without affecting or impairing in any way the liability of any Guarantor hereunder except to the extent the Guaranteed Obligations have been fully paid in cashcash (other than contingent indemnification obligations). Pursuant to To the extent permitted by applicable law, each Guarantor of the Guarantors waives any defense arising out of any such election even though such election operates, pursuant to applicable law, to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of such Guarantor against the Borrower any Loan Party or any other GuarantorGuarantor or guarantor, as the case may be, or any security.

Appears in 1 contract

Samples: Guarantee Agreement (Solutia Inc)

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Defenses of Borrower Waived. To the fullest extent permitted by applicable law, each Guarantor of the Guarantors waives any defense based on or arising out of any defense of the Borrower or any other Guarantor or the unenforceability of the Obligations or any part thereof from any cause, or the cessation from any cause of the liability of the Borrower or any other GuarantorBorrower, other than termination the indefeasible payment in full in cash of all the guarantees as provided in Section 9(a)Obligations. The Administrative Agent, the other Lenders Agent and the Issuing Banks Lenders may, at their election, compromise or adjust any part of the Obligations, make any other accommodation with the Borrower or any other guarantor Guarantor or exercise any other right or remedy available to them against the Borrower or any other guarantorGuarantor, without affecting or impairing in any way the liability of any Guarantor hereunder except to the extent that all the Obligations have been fully indefeasibly paid in full in cash. Pursuant to applicable law, each Guarantor of the Guarantors waives any defense arising out of any such election even though such election operates, pursuant to applicable law, to impair or to extinguish any right of reimbursement or subrogation or other right or remedy of such Guarantor against the Borrower or any other Guarantor.

Appears in 1 contract

Samples: Guarantee Agreement (Convergys Corp)

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