Common use of Immediate recourse Clause in Contracts

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 74 contracts

Samples: Facilities Agreement (Xstrata PLC), Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Agreement (Logitech International Sa)

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Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Credit Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 18Section 15. This waiver applies irrespective of any law or any provision of a Finance Credit Document to the contrary.

Appears in 48 contracts

Samples: Interaction Agreement (NCL CORP Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Interaction Agreement (NCL CORP Ltd.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1817. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 46 contracts

Samples: Facility Agreement (WNS (Holdings) LTD), Possession Credit Agreement (Eagle Bulk Shipping Inc.), Assignment Agreement (Smurfit WestRock LTD)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 44 contracts

Samples: Facility Agreement (Octel Corp), Cascal Facility Agreement (Cascal N.V.), Term Facilities Agreement (Xstrata PLC)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1821. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 22 contracts

Samples: And Restatement Agreement (Liberty Global PLC), Amendment and Restatement Agreement (Liberty Global PLC), Facilities Agreement (Iron Mountain Inc)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights right or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryClause.

Appears in 21 contracts

Samples: Supplemental Agreement (Enodis PLC), Agreement (Tele2 Ab), Agreement (Telesystem International Wireless Inc)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1820. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 18 contracts

Samples: Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Agreement (Solutia Inc), Agreement (Signet Jewelers LTD)

Immediate recourse. (a) Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights right or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryClause.

Appears in 16 contracts

Samples: Facility Agreement (TTM Technologies Inc), Facility Agreement (TTM Technologies Inc), Credit Agreement (TTM Technologies Inc)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryclause 15.

Appears in 11 contracts

Samples: Facility Agreement (Sibanye Gold LTD), Credit Facility Agreement (Gold Fields LTD), Facility Agreement (Gold Fields LTD)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 10 contracts

Samples: Syndicated Revolving Credit Agreement (Koninklijke KPN N V), Agreement (Midamerican Energy Holdings Co /New/), Senior Facilities Agreement (OneSmart International Education Group LTD)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1823. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 10 contracts

Samples: Intercreditor Agreement (CorpAcq Group PLC), Intercreditor Agreement (CorpAcq Group PLC), Intercreditor Agreement (Manchester United PLC)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 1817. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 9 contracts

Samples: Assignment Agreement (Synnex Corp), Agreement (PCGI Intermediate Holdings LTD), Amending and Restating Agreement (DHT Holdings, Inc.)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party the Purchaser (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18clause 5. This waiver applies irrespective of any law or any provision of a Finance Document this Agreement to the contrary.

Appears in 7 contracts

Samples: Agreement (Osprey International LTD), Agreement (Osprey International LTD), Agreement (Osprey International LTD)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1815. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 7 contracts

Samples: Agreement (Diana Containerships Inc.), Facility Agreement (Diana Containerships Inc.), Agreement (Diana Shipping Inc.)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights right or security or claim payment from any person before claiming from that the Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryClause.

Appears in 6 contracts

Samples: Agreement (Rhodia), Agreement (Danaos Corp), Agreement (Rhodia)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1822. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 6 contracts

Samples: Facilities Agreement (Syngenta Ag), Agreement (Anheuser-Busch InBev S.A.), Facility Agreement (Las Vegas Sands Corp)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary14.

Appears in 6 contracts

Samples: Agreement (Syngenta Ag), Credit Agreement (Reuters Group PLC /Adr/), Agreement (Syngenta Ag)

Immediate recourse. Each Guarantor waives The Guarantors waive any right it they may have of first requiring any Finance Secured Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person (including without limitation to commence any proceedings under any Finance Document or to enforce any Transaction Security) before claiming from that Guarantor or commencing proceedings under this Clause 1817 (Guarantee and Indemnity – Guarantors). This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 6 contracts

Samples: Assignment Agreement (Ardmore Shipping Corp), Assignment Agreement (Ardmore Shipping Corp), Assignment Agreement (Ardmore Shipping Corp)

Immediate recourse. Each Except as provided in Clause 14.1(a)(ii) (Guarantee), each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary14.

Appears in 6 contracts

Samples: Agreement (Vodafone Group Public LTD Co), Credit Agreement (Vodafone Group Public LTD Co), Agreement (Vodafone Group Public LTD Co)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18clause 17. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 6 contracts

Samples: Certain Confidential Information (Metals Acquisition Corp), Certain Confidential Information (Metals Acquisition LTD), Revolving Credit Facility Agreement (Drdgold LTD)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1821 (Guarantee and indemnity). This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 6 contracts

Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18clause 25. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 6 contracts

Samples: Facility Agreement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security Security or claim payment from any person before claiming from that Guarantor under this Clause 18clause 22. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 5 contracts

Samples: Facilities Agreement (Luxfer Holdings PLC), Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party Noteholder (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 18Deed. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryLoan Note Document.

Appears in 5 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1825. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 5 contracts

Samples: Facilities Agreement (NDS Group PLC), Facilities Agreement (Manchester United Ltd.), Amendment and Restatement Agreement (Manchester United PLC)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Creditor Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1816. This waiver applies irrespective of any law or any provision of a Finance Document or Master Agreement to the contrary.

Appears in 5 contracts

Samples: Loan Agreement (Scorpio Tankers Inc.), Loan Agreement (Scorpio Tankers Inc.), Loan Agreement (Scorpio Tankers Inc.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party the Lender (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 5 contracts

Samples: Loan Agreement (Melco Crown Entertainment LTD), Facility Agreement (Sequoia Capital China I Lp), Facility Agreement (Chiu Na Lai)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18clause 19. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 5 contracts

Samples: Facility Agreement (Enstar Group LTD), Harmony Gold Mining Co LTD, Reuters Group PLC /Adr/

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 1816. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 5 contracts

Samples: Assignment Agreement (Platinum Underwriters Holdings LTD), Facility Agreement (Platinum Underwriters Holdings LTD), Multicurrency Guarantee Facility Agreement (Acergy S.A.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1824. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 5 contracts

Samples: Agreement (Shire PLC), Facilities Agreement (Shire Ltd.), Facilities Agreement (Shire PLC)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Guaranteed Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 4 contracts

Samples: Facilities Agreement (Marine Harvest ASA), Facilities Agreement (Marine Harvest ASA), Facilities Agreement (Marine Harvest ASA)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party the Lender (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1817. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 4 contracts

Samples: Assignment and Assumption (WABCO Holdings Inc.), Senior Facilities Agreement (Asanko Gold Inc.), Revolving Credit Facility Agreement (Lesaka Technologies Inc)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18clause 15. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 4 contracts

Samples: Revolving Credit Facility Agreement (Gold Fields LTD), Agreement (Aramex International LTD), Agreement (Aramex International LTD)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 1820. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 4 contracts

Samples: Facilities Agreement (Molson Coors Brewing Co), Facilities Agreement (Molson Coors Brewing Co), Agreement (PCCW LTD)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1816. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 4 contracts

Samples: Agreement (Anglogold Ashanti LTD), Agreement (Geologistics Corp), Assignment Agreement (China Shandong Industries, Inc.)

Immediate recourse. (a) Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 4 contracts

Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Senior Facilities Agreement (StarTek, Inc.)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Secured Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person (including without limitation to commence any proceedings under any Finance Document or to enforce any Transaction Security) before claiming from that Guarantor or commencing proceedings under this Clause 1817 (Guarantee and Indemnity). This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 4 contracts

Samples: Assignment Agreement (Ardmore Shipping Corp), Assignment Agreement (Ocean Rig UDW Inc.), Banks and Financial Institutions (Okeanis Eco Tankers Corp.)

Immediate recourse. Each (a) The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights right or security or claim payment from any person before claiming from that the Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryClause.

Appears in 4 contracts

Samples: Sponsor Guarantee (Ocean Rig UDW Inc.), Sponsor Construction (Ocean Rig UDW Inc.), Sponsor Construction And (Ocean Rig UDW Inc.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (to require Agent or any trustee or agent on its behalf) Lender to proceed against against, or enforce any other rights or security Collateral or claim payment from from, any person other Person before claiming from that Guarantor under this Clause 18Section 4. This waiver applies irrespective of any law or any provision of a Finance Loan Document to the contrary.

Appears in 4 contracts

Samples: Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD), Credit Agreement (SWK Holdings Corp), Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party or any Hedging Bank (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security Security or claim payment from any person before claiming from that Guarantor under this Clause 1824. This waiver applies irrespective of any law or any provision of a Finance Document or Hedging Document to the contrary.

Appears in 4 contracts

Samples: Gtech Senior Facilities Agreement (International Game Technology PLC), Gtech Senior Facilities Agreement (International Game Technology PLC), Gtech Senior Facilities Agreement (International Game Technology PLC)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalfbehalf of any of them) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18clause 20. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 4 contracts

Samples: And Restatement Agreement (Aegean Marine Petroleum Network Inc.), And Restatement Agreement (Aegean Marine Petroleum Network Inc.), And Restatement Agreement (Aegean Marine Petroleum Network Inc.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1819 (Guarantee and indemnity). This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 4 contracts

Samples: Borrowing Base Facility Agreement (Transglobe Energy Corp), Borrowing Base Facility Agreement (Transglobe Energy Corp), Agreement (Endeavour International Corp)

Immediate recourse. Each Subject to Clause 18.6 (Requirement of notice), each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 4 contracts

Samples: Facility Agreement (Luxottica Group Spa), Agreement (Luxottica Group Spa), Agreement (Luxottica Group Spa)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security Security or claim payment from any person before claiming from that the Guarantor under this Clause 1817. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 4 contracts

Samples: Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) us to proceed against or enforce any other rights or security Security or claim payment from any person before claiming from that Guarantor under this Clause 18Deed. This waiver applies irrespective of any law or any provision of a Finance Facility Document to the contrary.

Appears in 4 contracts

Samples: www.cynergybank.co.uk, assets.ctfassets.net, www.cynergybank.co.uk

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that a Guarantor under this Clause 1819. This waiver applies irrespective of any law or regulation or any provision of a Finance Document to the contrary. Each Guarantor also waives any right to be sued jointly with other Guarantors and to share liability resulting from any claim against it.

Appears in 3 contracts

Samples: Facilities Agreement (Cemex Sab De Cv), Term and Revolving Facilities Agreement (Cemex Sa De Cv), Term and Revolving Facilities Agreement (Cemex Sa De Cv)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1819 (Guarantee and Indemnity). This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 3 contracts

Samples: Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.), Intercreditor Agreement (InterXion Holding N.V.)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Interim Finance Party (or any trustee Interim Security Agent or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.Clause

Appears in 3 contracts

Samples: Agreement, Agreement, Interim Facility Agreement

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that a Guarantor under this Clause 1819.5. This waiver applies irrespective of any law or regulation or any provision of a Finance Document to the contrary. Each Guarantor also waives any right to be sued jointly with other Guarantors and to share liability resulting from any claim against it.

Appears in 3 contracts

Samples: Facilities Agreement (Cemex Sab De Cv), Facilities Agreement (Cemex Sa De Cv), Facilities Agreement (Cemex Sa De Cv)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights right or security or claim payment from any person or file any proof or claim in any insolvency, administration, winding-up or liquidation proceedings relative to any other Obligor or any other person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryClause.

Appears in 3 contracts

Samples: Amendment and Restatement Agreement (Smurfit Kappa Funding PLC), Agreement (JSG Funding PLC), Agreement (Hungarian Telephone & Cable Corp)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Secured Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person (including without limitation to commence any proceedings under any Finance Document or to enforce any Transaction Security) before claiming from that Guarantor or commencing proceedings under this Clause 1816 (Guarantee and Indemnity). This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 3 contracts

Samples: Assignment Agreement (Pyxis Tankers Inc.), Facility Agreement (United Maritime Corp), Facility Agreement (United Maritime Corp)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary17.

Appears in 3 contracts

Samples: Credit Agreement (Spirent PLC), Agreement (Meggit PLC), Credit Agreement (Spirent PLC)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Creditor Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person (including without limitation to commence any proceedings under any Finance Document or to enforce any Transaction Security) before claiming from that Guarantor or commencing proceedings under this Clause 1817 (Guarantee and Indemnity). This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 3 contracts

Samples: Assignment Agreement (Grindrod Shipping Holdings Ltd.), Facility Agreement (Grindrod Shipping Holdings Pte. Ltd.), Facility Agreement (Scorpio Tankers Inc.)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person Person before claiming from that the Guarantor under this Clause 1815. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 3 contracts

Samples: Export Finance Agreement (Votorantim Pulp & Paper Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from or file any proof or claim in any insolvency proceedings of any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 3 contracts

Samples: Credit Agreement (Trader Com Nv), Credit Agreement (Getty Images Inc), Credit Agreement (Dunlop Standard Aerospace Holdings PLC)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Secured Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights right or security or claim payment from any person Person before claiming from that the Guarantor under this Clause 1815. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 3 contracts

Samples: Project Facilities Agreement (Pacific Drilling S.A.), Project Facilities Agreement (Pacific Drilling S.A.), Project Facilities Agreement (Pacific Drilling S.A.)

Immediate recourse. Each Subject to Clause 17.6 (Requirement of notice), each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1817. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 3 contracts

Samples: Term Facility Agreement (Luxottica Group Spa), Bridge Facility Agreement (Luxottica Group Spa), Term Facility Agreement (Luxottica Group Spa)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any a Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 3 contracts

Samples: And Restatement Agreement (Central European Distribution Corp), Facility Agreement (Salton Inc), Facility Agreement (Salton Inc)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 1814. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 3 contracts

Samples: Facility Agreement (British American Tobacco p.l.c.), Facilities Agreement (British American Tobacco p.l.c.), Facility Agreement (British American Tobacco p.l.c.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Secured Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Transaction Document to the contrary.

Appears in 3 contracts

Samples: Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security Security or claim payment from any person before claiming from that Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 3 contracts

Samples: Igt Senior Facilities Agreement (International Game Technology PLC), Gtech Senior Facilities Agreement (International Game Technology PLC), Royal Invest International Corp.

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Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Creditor Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 1816. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 3 contracts

Samples: Loan Agreement (Scorpio Bulkers Inc.), Loan Agreement (Scorpio Tankers Inc.), Loan Agreement (Scorpio Tankers Inc.)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party the Lender (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 18clause 16 (Guarantee and indemnity). This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Agreement (Hafnia LTD), Agreement (Hafnia LTD)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Senior Finance Party or Hedging Bank (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1821. This waiver applies irrespective of any law or any provision of a Senior Finance Document or Hedging Document to the contrary.

Appears in 2 contracts

Samples: Facility Agreement (Inmarsat Holdings LTD), Agreement (Inmarsat Launch CO LTD)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Senior Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Facilities Agreement (Atlatsa Resources Corp), Senior Facilities Agreement (Atlatsa Resources Corp)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 18clause 14. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Agreement (Hamilton Insurance Group, Ltd.), Assignment Agreement (Hamilton Insurance Group, Ltd.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Secured Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 187. This waiver applies irrespective of any law or any provision of a Finance Secured Debt Document to the contrary.

Appears in 2 contracts

Samples: Intercreditor Agreement (NAC Aviation Colorado 1 LLC), Intercreditor Agreement (NAC Aviation 29 Designated Activity Co)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party the Security Agent (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 18Deed. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Coeur D Alene Mines Corp, Coeur D Alene Mines Corp

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party or Hedging Bank (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1817. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Agreement (Solutia Inc), Agreement (Solutia Inc)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that each Guarantor under this Clause 18Guarantee. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Agreement (Flex LNG Ltd.), Agreement (Flex LNG Ltd.)

Immediate recourse. Each Additional Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Additional Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Nordic American Offshore Ltd.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1813. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Facility Agreement (Global Ship Lease, Inc.), Facility Agreement (Global Ship Lease, Inc.)

Immediate recourse. (a) Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary17.

Appears in 2 contracts

Samples: Agreement (Spirent PLC), Facility Agreement (Spirent PLC)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent the Facility Agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Agreement (SGL Carbon Aktiengesellschaft), Agreement (SGL Carbon Aktiengesellschaft)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security Security or claim payment from any person before claiming from that Guarantor under this Clause 1817. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Facility Agreement (Delhaize Group), Facility Agreement (Delhaize Group)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Transferring Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights right or security or claim payment from any person before claiming from that the Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryClause.

Appears in 2 contracts

Samples: Debt Transfer Agreement (Cordiant Communications Group PLC /Adr), Debt Transfer Agreement (Cordiant Communications Group PLC /Adr)

Immediate recourse. Each of the Borrowers and the Guarantor waives any right it may have of first requiring any Finance Party or the Hedging Banks (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Borrowers or the Guarantor under this Clause 1818 (Guarantee, indemnity and joint and several liability). This waiver applies irrespective of any law or any provision of a Finance Document and any Hedging Agreement to the contrary.

Appears in 2 contracts

Samples: Agreement (DHT Holdings, Inc.), Agreement (DHT Holdings, Inc.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights right or security or claim payment from any person before claiming from that Guarantor under this Clause 18Clause. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Agreement (Mittal Steel Co N.V.), Agreement (Archstone Smith Trust)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1821 (Guarantee and Indemnity). This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Agreement (Kronos International Inc), Agreement (Kronos International Inc)

Immediate recourse. Each Guarantor of the Guarantors waives any right it may have of first requiring any Finance Creditor Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that such Guarantor under this Clause 1816. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Credit Agreement (Scorpio Bulkers Inc.), Credit Agreement (Scorpio Bulkers Inc.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18Section 14.5. This waiver applies irrespective of any law or any provision of a Finance Credit Document to the contrary.

Appears in 2 contracts

Samples: Credit Agreement (Gatos Silver, Inc.), Credit Agreement (Gatos Silver, Inc.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee Security Agent or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1816. This waiver applies irrespective of any law or any provision of a Bridge Finance Document to the contrary.

Appears in 2 contracts

Samples: Agreement (Nordic Telephone CO ApS), Bridge Facility Agreement (Nordic Telephone CO ApS)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1816 (Guarantee and indemnity). This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Agreement (Rockley Photonics Holdings LTD), Agreement (Rockley Photonics Holdings LTD)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party or the Swap Bank (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 1817. This waiver applies irrespective of any law or any provision of a Finance Document or Swap Agreement to the contrary.

Appears in 2 contracts

Samples: Assignment Agreement (DHT Holdings, Inc.), Assignment Agreement (DHT Holdings, Inc.)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party the Lender (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 187. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Agreement (Grindrod Shipping Holdings Ltd.), Agreement (Grindrod Shipping Holdings Ltd.)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party or the Hedging Banks (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 1818 (Guarantee and indemnity). This waiver applies irrespective of any law or any provision of a Finance Document and any Hedging Agreement to the contrary.

Appears in 2 contracts

Samples: Term Loan Facilities Agreement (DHT Holdings, Inc.), October 2015 (DHT Holdings, Inc.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Secured Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18Section 13. This waiver applies irrespective of any law or any provision of a Finance Credit Document to the contrary.

Appears in 2 contracts

Samples: Abl Credit Agreement (Univar Inc.), Credit Agreement (Univar Inc.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person Person before claiming from that Guarantor under this Clause 1817 (Guarantee and Indemnity). This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Agreement (Bristol Myers Squibb Co), Single Currency Term Facility Agreement (Bristol Myers Squibb Co)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party the Lender (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security Security or claim payment from any person before claiming from that the Guarantor under this Clause 18Clause. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Transatlantic Petroleum Ltd., Transatlantic Petroleum Ltd.

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 18Guarantee. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Carnival Corp, Carnival Corp

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights right or security or claim payment from any person before claiming from that Guarantor it under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Agreement (Imperial Tobacco Group PLC), Agreement (Imperial Tobacco Group PLC)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Secured Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person (including without limitation to commence any proceedings under any Finance Document or to enforce any Transaction Security) before claiming from that Guarantor or commencing proceedings under this Clause 18β€Ž16 (Guarantee and Indemnity). This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Assignment Agreement (United Maritime Corp), Assignment Agreement (Seanergy Maritime Holdings Corp.)

Immediate recourse. Each Except as provided in Clause 15.1(a)(ii) (Guarantee), each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary15.

Appears in 2 contracts

Samples: Credit Agreement (Vodafone Group Public LTD Co), Agreement (Vodafone Group Public LTD Co)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary16.

Appears in 2 contracts

Samples: And Restatement Agreement (Waterford Wedgwood PLC), Agreement (Vivendi Universal)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1823. This waiver applies irrespective of any law or any provision of a Senior Finance Document to the contrary.

Appears in 2 contracts

Samples: Facility Agreement (Avis Budget Group, Inc.), Facility Agreement (Avis Budget Group, Inc.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Creditor Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from the that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary16.

Appears in 2 contracts

Samples: Loan Agreement (Dorian LPG Ltd.), Loan Agreement (Dorian LPG Ltd.)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Senior Finance Party (or any trustee the Security Agent or agent on its behalf) to proceed against or enforce any other rights or security or claim obtain payment from any person before claiming from that Guarantor under this Clause 1824 (Guarantees). This waiver applies irrespective of any law or any provision of a Senior Finance Document to the contrary.

Appears in 2 contracts

Samples: Senior Facilities Agreement (Elster Group SE), Senior Facilities Agreement (Elster Group SE)

Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Creditor Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1816. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Loan Agreement (Pangaea Logistics Solutions Ltd.), Loan Agreement (Quartet Holdco Ltd.)

Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 182. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.

Appears in 2 contracts

Samples: Open Joint Stock (Wimm Bill Dann Foods Ojsc), Wimm Bill Dann Foods Ojsc

Immediate recourse. Each (a) The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights right or security or claim payment from any person before claiming from that the Guarantor under this Clause 18. This waiver applies irrespective of (including, without limitation, proceeding against or enforcing any law or any provision of a Finance Document right to claim payment from the contrarySponsor under the Sponsor Construction and Post-Delivery Guarantee).

Appears in 2 contracts

Samples: Ocean Rig UDW Inc., Ocean Rig UDW Inc.

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