Common use of Liability absolute and unconditional Clause in Contracts

Liability absolute and unconditional. The obligations of each Guarantor under this Clause 16 shall be irrevocable, absolute and unconditional and shall not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 16, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following: (a) any time, waiver or consent granted to, or composition with, any Security Party or other person; (b) the release of any other Security Party or any other person under the terms of any composition or arrangement with any creditor of any Security Party; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Security Party or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realize the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the corporate or company structure or status of a Security Party or any other person (including without limitation any change in the holding of such Security Party’s or other person’s Equity Interests); (e) any amendment to or replacement of a Finance Document, a Master Agreement or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any Security Party or any other person under any Finance Document, any Master Agreement or any other document or security; (g) any bankruptcy, insolvency or similar proceedings; or (h) any other circumstance whatsoever that might otherwise constitute a defense available to, or a legal or equitable discharge of, any Security Party.

Liability absolute and unconditional. The obligations of each Guarantor under this Clause 16 shall be irrevocable, absolute and unconditional and shall not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 16, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following: (a) any time, waiver or consent granted to, or composition with, any Security Party or other person; (b) the release of any other Security Party or any other person under the terms of any composition or arrangement with any creditor of any Security Party; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Security Party or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realize the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the corporate or company structure or status of a Security Party or any other person (including without limitation any change in the holding of such Security Party’s or other person’s Equity Interests); (e) any amendment to or replacement of a Finance Document, a Master Agreement Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any Security Party or any other person under any Finance Document, any Master Agreement Document or any other document or security; (g) any bankruptcy, insolvency or similar proceedings; or (h) any other circumstance whatsoever that might otherwise constitute a defense available to, or a legal or equitable discharge of, any Security Party.

Liability absolute and unconditional. The obligations of each the Guarantor under this Clause 16 shall be irrevocable, absolute and unconditional and shall not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 16, and each the Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following: (a) any time, waiver or consent granted to, or composition with, any Security Party or other person; (b) the release of any other Security Party or any other person under the terms of any composition or arrangement with any creditor of any Security Party; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Security Party or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realize the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the corporate or company structure or status of a Security Party or any other person (including without limitation any change in the holding of such Security Party’s or other person’s Equity Interests); (e) any amendment to or replacement of a Finance Document, a Master Agreement Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any Security Party or any other person under any Finance Document, any Master Agreement Document or any other document or security; (g) any bankruptcy, insolvency or similar proceedings; or (h) any other circumstance whatsoever that might otherwise constitute a defense available to, or a legal or equitable discharge of, any Security Party.

Liability absolute and unconditional. The obligations of each Guarantor under this Clause 16 shall be irrevocable, absolute and unconditional and shall not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 16, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following: (a) any time, waiver or consent granted to, or composition with, any Security Party or other person; (b) the release of any other Security Party or any other person under the terms of any composition or arrangement with any creditor of any Security Party; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Security Party or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realize the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the corporate or company structure or status of a Security Party or any other person (including without limitation any change in the holding of such Security Party’s 's or other person’s 's Equity Interests); (e) any amendment to or replacement of a Finance Document, a Master Agreement or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any Security Party or any other person under any Finance Document, any Master Agreement or any other document or security; (g) any bankruptcy, insolvency or similar proceedings; or (h) any other circumstance whatsoever that might otherwise constitute a defense available to, or a legal or equitable discharge of, any Security Party.

Liability absolute and unconditional. The obligations of each Guarantor under this Clause 16 shall be irrevocable, absolute and unconditional and shall not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 16, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following: (a) any time, waiver or consent granted to, or composition with, any Security Party or other person; (b) the release of any other Security Party or any other person under the terms of any composition or arrangement with any creditor of any Security Party; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Security Party or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realize the full value of any security;; 91 ‌ SK 26945 0003 10902825 v6 (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the corporate or company structure or status of a Security Party or any other person (including without limitation any change in the holding of such Security Party’s or other person’s Equity Interests); (e) any amendment to or replacement of a Finance Document, a Master Agreement Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any Security Party or any other person under any Finance Document, any Master Agreement Document or any other document or security; (g) any bankruptcy, insolvency or similar proceedings; or (h) any other circumstance whatsoever that might otherwise constitute a defense available to, or a legal or equitable discharge of, any Security Party.

Liability absolute and unconditional. The obligations of each the Guarantor under this Clause 16 shall be irrevocable, absolute and unconditional and shall not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 16, and each the Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following: (a) any time, waiver or consent granted to, or composition with, any Security Party or other person; (b) the release of any other Security Party or any other person under the terms of any composition or arrangement with any creditor of any Security Party; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Security Party or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realize the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the corporate or company structure or status of a Security Party or any other person (including without limitation any change in the holding of such Security Party’s or other person’s Equity Interests); (e) any amendment to or replacement of a Finance Document, a Master Agreement or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any Security Party or any other person under any Finance Document, any Master Agreement or any other document or security; (g) any bankruptcy, insolvency or similar proceedings; or (h) any other circumstance whatsoever that might otherwise constitute a defense available to, or a legal or equitable discharge of, any Security Party.

Liability absolute and unconditional. The obligations of each Guarantor of the Borrowers under this Clause 16 16A shall be irrevocable, absolute and unconditional and shall not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 1616A, and each Guarantor of the Borrowers hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following: (a) any time, waiver or consent granted to, or composition with, any Security Party or other person; (b) the release of any other Security Party or any other person under the terms of any composition or arrangement with any creditor of any Security Party; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Security Party or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realize the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the corporate or company structure or status of a Security Party or any other person (including without limitation any change in the holding of such Security Party’s or other person’s Equity Interests); (e) any amendment to or replacement of a Finance Document, a Master Agreement or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any Security Party or any other person under any Finance Document, any Master Agreement or any other document or security; (g) any bankruptcy, insolvency or similar proceedings; or (h) any other circumstance whatsoever that might otherwise constitute a defense available to, or a legal or equitable discharge of, any Security Party.

Liability absolute and unconditional. The obligations of each the Guarantor under this Clause 16 Guarantee shall be irrevocable, absolute and unconditional and shall not be affected by an act, omission, matter or thing which, but for this ClauseClause 6, would reduce, release or prejudice any of its obligations under this Clause 16Guarantee, and each the Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following: : (a) any time, waiver or consent granted to, or composition with, the Borrower or any Security Party or other person; Person; (b) the release of any other Security Party the Borrower or any other person Person under the terms of any composition or arrangement with any creditor of any Security Party; creditor; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, the Borrower or any Security Party or other person Person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realize the full value of any security; ; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the corporate or company structure or status of a Security Party the Borrower or any other person Person (including without limitation any change in the holding of such Security Partythe Borrower’s or such other personPerson’s Equity Interests); ; (e) any amendment to or replacement of a Finance Document, a Master Agreement Margin Loan Document or any other document or security; ; (f) any unenforceability, illegality or invalidity of any obligation of any Security Party the Borrower or any other person Person under any Finance Document, any Master Agreement Margin Loan Document or any other document or security; ; (g) any bankruptcy, insolvency or similar bankruptcy proceedings; or or (h) any other circumstance whatsoever that might otherwise constitute a defense available to, or a legal or equitable discharge of, any Security Partythe Borrower.

Liability absolute and unconditional. The obligations of each Guarantor of the Guarantors under this Clause 16 shall be irrevocable, absolute and unconditional and shall not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 16, and each Guarantor of the Guarantors hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following: (a) any time, waiver or consent granted to, or composition with, any Security Party or other person; (b) the release of any other Security Party or any other person under the terms of any composition or arrangement with any creditor of any Security Party; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Security Party or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realize the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the corporate or company structure or status of a Security Party or any other person (including without limitation any change in the holding of such Security Party’s or other person’s Equity Interests); (e) any amendment to or replacement of a Finance Document, a Master Agreement Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any Security Party or any other person under any Finance Document, any Master Agreement Document or any other document or security; (g) any bankruptcy, insolvency or similar proceedings; or (h) any other circumstance whatsoever that might otherwise constitute a defense available to, or a legal or equitable discharge of, any Security Party.

Liability absolute and unconditional. The Subject to the Intercreditor Agreement, the obligations of each Guarantor under this Clause 16 shall be irrevocable, absolute and unconditional and shall not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its obligations under this Clause 16, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following: (a) any time, waiver or consent granted to, or composition with, any Security Party or other person; (b) the release of any other Security Party or any other person under the terms of any composition or arrangement with any creditor of any Security Party; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Security Party or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realize the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the corporate or company structure or status of a Security Party or any other person (including without limitation any change in the holding of such Security Party’s or other person’s Equity Interests); (e) any amendment to or replacement of a Finance Document, a Master Agreement Document or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any Security Party or any other person under any Finance Document, any Master Agreement Document or any other document or security; (g) any bankruptcy, insolvency or similar proceedings; or (h) any other circumstance whatsoever that might otherwise constitute a defense available to, or a legal or equitable discharge of, any Security Party.

Liability absolute and unconditional. The obligations of the Guarantor (in respect of the Guaranteed Obligations) and of each Guarantor of the Swap Guarantors (in respect of the Guaranteed Swap Obligations) under this Clause 16 shall be irrevocable, absolute and unconditional and shall not be affected by an act, omission, matter or thing which, but for this Clause, would reduce, release or prejudice any of its their respective obligations under this Clause 16, and the Guarantor and each Swap Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following: (a) any time, waiver or consent granted to, or composition with, any Security Party or other person; (b) the release of any other Security Party or any other person under the terms of any composition or arrangement with any creditor of any Security Party; (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Security Party or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realize the full value of any security; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the corporate or company structure or status of a Security Party or any other person (including without limitation any change in the holding of such Security Party’s or other person’s Equity Interests); (e) any amendment to or replacement of a Finance Document, a Master Agreement or any other document or security; (f) any unenforceability, illegality or invalidity of any obligation of any Security Party or any other person under any Finance Document, any Master Agreement or any other document or security; (g) any bankruptcy, insolvency or similar proceedings; or (h) any other circumstance whatsoever that might otherwise constitute a defense available to, or a legal or equitable discharge of, any Security Party.

Liability absolute and unconditional. The obligations of each Guarantor Obligor under this Clause 16 Section 7 shall be irrevocable, absolute and unconditional and shall not be affected by an act, omission, matter or thing which, but for this ClauseSection 7, would reduce, release or prejudice any of its obligations under this Clause 16Section 7, and each Guarantor Obligor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following: (a) any time, waiver or consent granted to, or composition with, any Security Party Obligor or other person; (b) the release of any other Security Party Obligor or any other person under the terms of any composition or arrangement with any creditor of any Security Party;Obligor; or (c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security Security Interest over assets of, any Security Party Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realize the full value of any securitySecurity Interest; (d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the corporate or company structure or status of a Security Party an Obligor or any other person (including without limitation any change in the holding of such Security Party’s Obligor's or other person’s 's Equity Interests); (e) any amendment to or replacement of a Finance Document, a Master Agreement Document or any other document or securitySecurity Interest; (f) any unenforceability, illegality or invalidity of any obligation of any Security Party Obligor or any other person under any Finance Document, any Master Agreement Document or any other document or securitySecurity Interest; (g) any bankruptcy, insolvency or similar proceedings; or; (h) any other circumstance whatsoever that might otherwise constitute a defense available to, or a legal or equitable discharge of, any Security PartyObligor.