Common use of Liability not Affected or Impaired Clause in Contracts

Liability not Affected or Impaired. The liability of each Guarantor under this Agreement shall not be affected or impaired in any manner by, (a) the failure of any Person to become or remain a Guarantor hereunder or the failure of any Holder of Guaranteed Obligations to preserve, protect or enforce any right to require any Person to become or remain a Guarantor hereunder, (b) any lack of validity or enforceability of the Credit Agreement or any other Loan Document or any other agreement, instrument of document relating thereto, (c) any change in the time, manner or place of payment of, or in any other term of, any of the Guaranteed Obligations, or any other amendment or waiver of or any consent to departure from the terms of any Loan Document, including any extension or renewal of the Guaranteed Obligations (whether or not for longer than the original period) and any increase in the Guaranteed Obligations resulting from the extension of additional credit to the Borrower or otherwise, (d) any taking, failure to take, failure to create, perfect or ensure the priority of, or exchange, release or termination or lapse of any Lien securing any Guaranteed Obligations, or any taking, failure to take, release or amendment or waiver of or consent of departure from any other guaranty of, and of the Guaranteed Obligations, (e) any manner or order of sale or other enforcement of any Lien securing any of the Guaranteed Obligations or any manner or order of application of the proceeds of any such Lien to the payment of the Guaranteed Obligations or any failure to enforce any Lien or to apply any proceeds thereof, (f) any change, restructuring or termination of the corporate structure or existence of the Borrower or any of its Subsidiaries or Affiliates, any Guarantor, or any other Person, or (g) any other circumstance which might otherwise constitute a defense (except the defence of payment) available to, or a discharge of, a surety or guarantor.

Liability not Affected or Impaired. The liability of each the Guarantor under this Agreement shall not be affected or impaired in any manner by, (ai) the failure of any Person to become or remain a Guarantor hereunder or the failure of any Holder of Guaranteed Obligations Beneficiary to preserve, protect or enforce any right to require any Person to become or remain a Guarantor hereunder, (bii) any lack of validity or enforceability of the Credit Agreement or any other Loan Document or any other agreement, instrument of or document relating thereto, (ciii) any change in the time, manner or place of payment of, or in any other term of, any of the Guaranteed Obligations, or any other amendment or waiver of or any consent to departure from the terms of any Loan Document, including any extension or renewal of the Guaranteed Obligations (whether or not for longer than the original period) and any increase in the Guaranteed Obligations resulting from the extension of additional credit to the Borrower or otherwise, (div) any taking, failure to take, failure to create, perfect or ensure the priority of, or exchange, release or termination or lapse of any Lien securing any Guaranteed Obligations, or any taking, failure to take, release or amendment or waiver of or consent of to departure from any other guaranty of, and any of the Guaranteed Obligations, (ev) any manner or order of sale or other enforcement of any Lien securing any of the Guaranteed Obligations or any manner or order of application of the proceeds of any such Lien to the payment of the Guaranteed Obligations or any failure to enforce any Lien or to apply any proceeds thereof, (fvi) any change, restructuring or termination of the corporate structure or existence of the Borrower or any of its Subsidiaries or Affiliates, any the Guarantor, or any other Person, or (gvii) any other circumstance which might otherwise constitute a defense (except the defence defense of payment) available to, or a discharge of, a surety or guarantor.

Liability not Affected or Impaired. The liability of each Guarantor under this Agreement shall not be affected or impaired in any manner by, (ai) the failure of any Person to become or remain a Guarantor hereunder or the failure of any Holder of Guaranteed Obligations to preserve, protect or enforce any right to require any Person to become or remain a Guarantor hereunder, (bii) any lack of validity or enforceability of the Credit Agreement or any other Loan Document or any other agreement, instrument of or document relating thereto, (ciii) any change in the time, manner or place of payment of, or in any other term of, any of the Guaranteed Obligations, or any other amendment or waiver of or any consent to departure from the terms of any Loan Document, including any extension or renewal of the Guaranteed Obligations (whether or not for longer than the original period) and any increase in the Guaranteed Obligations resulting from the extension of additional credit to the Borrower or otherwise, (div) any taking, failure to take, failure to create, perfect or ensure the priority of, or exchange, release or termination or lapse of any Lien securing any Guaranteed Obligations, or any taking, failure to take, release or amendment or waiver of or consent of to departure from any other guaranty of, and any of the Guaranteed Obligations, (ev) any manner or order of sale or other enforcement of any Lien securing any of the Guaranteed Obligations or any manner or order of application of the proceeds of any such Lien to the payment of the Guaranteed Obligations or any failure to enforce any Lien or to apply any proceeds thereof, (fvi) any change, restructuring or termination of the corporate structure or existence of the Borrower or any of its Subsidiaries or Affiliates, any Guarantor, or any other Person, or (gvii) any other circumstance which might otherwise constitute a defense (except the defence defense of payment) available to, or a discharge of, a surety or guarantor.