Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party to proceed against or enforce any other rights or security of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person before claiming from such Guarantor under this Agreement.
Appears in 3 contracts
Samples: Dated 22 November (Derby Cycle Corp), Facility Agreement (Derby Cycle Corp), Facility Agreement (Lyon Investments B V)
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 of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such that Guarantor under this Agreementclause 17. This waiver applies irrespective of any law or any provision of a Senior Finance Document to the contrary.
Appears in 3 contracts
Samples: Credit Agreement (Fimep Sa), Credit Agreement (Ocallaghan Barry), Credit Agreement (Delta I Acquisition 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 of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation insolvency proceedings relating to, of any other Obligor or any other Person person before claiming from such the Guarantor under this Agreementschedule 9 (Terms of Guarantee).
Appears in 2 contracts
Samples: Facilities Agreement (Txu Europe LTD), Facilities Agreement (Texas Utilities Electric Co)
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 of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such the Guarantor under this AgreementGuarantee. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 2 contracts
Samples: Genco Shipping & Trading LTD, Credit Agreement (Sappi LTD)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party to proceed against or enforce any other rights or security of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such Guarantor under this Agreement.
Appears in 2 contracts
Samples: Facility Agreement (Pacificorp /Or/), Facility Agreement (Central Power & Light Co /Tx/)
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 of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such that Guarantor under this AgreementClause 15.
Appears in 2 contracts
Samples: Agreement (Tomkins PLC), Agreement (Toreador Resources 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 of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such that Guarantor under this AgreementClause 19.
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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 of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person before claiming from such that Guarantor under this AgreementClause 21. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
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 of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such that Guarantor under this AgreementClause.
Appears in 1 contract
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 of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such that Guarantor under this AgreementClause 16 (Guarantee).
Appears in 1 contract
Samples: Credit Agreement (Txu Europe LTD)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Junior Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such that Guarantor under this AgreementClause 15 (Guarantee).
Appears in 1 contract
Samples: Junior Credit Agreement (Wilshire Real Estate Investment Trust Inc)
Immediate recourse. Each Guarantor waives any right it may have of to first requiring require any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security of or to claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such Guarantor under this Agreementhereunder. Such waiver applies regardless of any law or any provision of a Finance Document or any other document to the contrary.
Appears in 1 contract
Samples: Facility Agreement (Atmel Corp)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party to proceed against or enforce any other rights or security of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such that Guarantor under this Agreementclause 15 (Guarantee & Indemnity).
Appears in 1 contract
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 of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such that Guarantor under this AgreementPart I of Schedule 7.
Appears in 1 contract
Samples: Agreement (Txu Europe LTD)
Immediate recourse. Each Except as provided in Clause 14.1(a)(ii), 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 of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such that Guarantor under this AgreementClause 14.
Appears in 1 contract
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 (i) proceed against or enforce any other rights or security of or claim payment from any person, or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, (ii) pursue any other Obligor or remedy in the power of any other Person Finance Party whatsoever, before claiming from enforcing its rights against such Guarantor under this AgreementClause 14.
Appears in 1 contract
Samples: Agreement (Ask Asa)
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party to proceed against or enforce any other rights or security of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such that Guarantor under this Agreementclause 15.
Appears in 1 contract
Samples: Facility Agreement (Gold Fields LTD)
Immediate recourse. Each Guarantor of the Guarantors 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 of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such Guarantor the Guarantors under this AgreementClause.
Appears in 1 contract
Samples: Agreement (Quintana Maritime 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 of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such Guarantor it under this AgreementClause 17.
Appears in 1 contract
Samples: Agreement (National Grid Group 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 of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation insolvency proceedings relating to, of any other Obligor or any other Person person before claiming from such that Guarantor under this AgreementClause 16.
Appears in 1 contract
Samples: Credit Agreement (Getty Images Inc)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party to proceed against or enforce any other rights or security of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person person before claiming from such that Guarantor under this AgreementClause 14.
Appears in 1 contract
Samples: Agreement (Gold Fields LTD)