Common use of No Discharge or Diminishment of Guarantee Clause in Contracts

No Discharge or Diminishment of Guarantee. The obligations of the Company hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the payment in full in cash of the Obligations), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of the Company hereunder shall not be discharged or impaired or otherwise affected by the failure of any Guaranteed Party to assert any claim or demand or to enforce any remedy under this Agreement, any Note or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to any extent vary the risk of the Company or that would otherwise operate as a discharge of the Company as a matter of law or equity (other than the payment in full in cash of all the Obligations).

Appears in 2 contracts

Samples: Note Purchase Agreement (El Paso Electric Co /Tx/), Grande Resources (El Paso Electric Co /Tx/)

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No Discharge or Diminishment of Guarantee. The obligations of the Company Guarantor hereunder shall not be subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the ObligationsObligations or as otherwise provided for herein), including any claim of waiver, release, surrender, alteration or compromise of any of the Obligations, and shall not be subject to any defense or setoffset-off, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of the Obligations or otherwise. Without limiting the generality of the foregoing, the obligations of the Company Guarantor hereunder shall not be discharged or impaired or otherwise affected by the failure of any Guaranteed Party Lender to assert any claim or demand or to enforce any remedy under this the Credit Agreement, any Note other Loan Document or any other agreement, by any waiver or modification of any provision of any thereof, by any default, failure or delay, willful or otherwise, in the performance of the Obligations, or by any other act or omission that may or might in any manner or to any extent vary the risk of the Company Guarantor or that would otherwise operate as a discharge of the Company Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of all the Obligations).

Appears in 1 contract

Samples: La Petite Academy Inc

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