Common use of Protective Clauses Clause in Contracts

Protective Clauses. Without limiting Section 2.5, neither the liability of either of the Guarantors nor the validity or enforceability of this Guarantee shall be prejudiced, affected or discharged by: (a) the granting of any time or indulgence to the Company or any other person; (b) any variation or modification of this Agreement, the Series B-1 Notes, the Warrants or any other document referred to herein or therein or related thereto; (c) the invalidity or unenforceability of any obligation or liability of any party under this Agreement, the Series B-1 Notes, the Warrants or any other documents referred to herein or therein or related thereto; (d) any invalidity or irregularity in the execution of this Agreement, the Series B-1 Notes, the Warrants or any other documents referred to herein or therein or related thereto; (e) any lack of capacity or deficiency in the powers of the Company, any Guarantor or any other person to enter into or perform any of its obligations under this Agreement, the Series B-1 Notes, the Warrants or any other documents referred to herein or therein or related thereto or any irregularity in the exercise thereof or any lack of authority by any person purporting to act on behalf of the Company, the Guarantors or such other person; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Company or either or both of the Guarantors or any other person; (g) any other security document, security interest, guarantee or other security or right or remedy being or becoming held by or available to any Purchaser or by any other person or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Purchaser at any time releasing, refraining from enforcing, varying or in any other way dealing with any of the same or any power, right or remedy any Purchaser may now or hereafter have from or against the Company or any other person; (h) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against the Company or any other person or any compromise, arrangement or settlement with any of the same; or (i) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Guarantee or the liability of the Guarantors hereunder.

Protective Clauses. Without limiting Section 2.5Clause 15.1, neither the liability of either of the Guarantors Guarantor nor the validity or enforceability of this Guarantee Deed shall be prejudiced, affected or discharged by: (a) the granting of any time or indulgence to the Company or any other person; (b) any variation or modification of this AgreementFinance Document, the Series B-1 Notes, the Warrants or any other document referred to herein or therein or related thereto; (c) the invalidity or unenforceability of any obligation or liability of any party under this Agreement, the Series B-1 Notes, the Warrants or any other documents referred to herein or therein or related thereto; (d) any invalidity or irregularity in the execution of this Agreement, the Series B-1 Notes, the Warrants or any other documents referred to herein or therein or related thereto; (e) any lack of capacity or deficiency in the powers of the Company, any Guarantor or any other person to enter into or perform any of its obligations under this Agreement, the Series B-1 Notes, the Warrants or any other documents referred to herein or therein or related thereto or any irregularity in the exercise thereof or any lack of authority by any person purporting to act on behalf of the Company, the Guarantors or such other person; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Company or either or both of the Guarantors or any other person; (g) any other security document, security interestEncumbrance, guarantee or other security or right or remedy being or becoming held by or available to any Purchaser or by any other person Finance Party or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Purchaser Finance Party at any time releasing, refraining from enforcing, varying or in any other way dealing with any of the same or any power, right or remedy any Purchaser Finance Party may now or hereafter have from or against the Company Guarantor or the Borrower or any other person or the granting of any time or indulgence to the Guarantor or the Borrower or any other person; (hb) any variation or modification of any Finance Document or any other document referred to therein; (c) the invalidity or unenforceability of any obligation or liability of the Borrower or the Guarantor under any Finance Document to which it is a party; (d) the insolvency or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Borrower or the Guarantor; (e) any invalidity or irregularity in the execution of this Deed or any of the other Finance Documents or any deficiency in the powers of the Guarantor or the Borrower to enter into or perform any of its obligations hereunder or under any of the other Finance Documents to which it is a party or any irregularity in the exercise thereof or any lack of authority by any person purporting to act on behalf of the Guarantor or the Borrower; (f) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against the Company Guarantor or the Borrower or any other person or any compromise, arrangement or settlement with any of the same; or (ig) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Guarantee Deed or the liability of the Guarantors Guarantor hereunder.

Protective Clauses. Without limiting Section 2.5Except as specifically set out in Clause 5 above, neither the liability of either of the Guarantors nor the validity or enforceability of this Guarantee Agreement shall not be prejudiced, affected or discharged by: (ai) The Transaction, the granting of any time or indulgence to the Company or any other person; (b) any variation or modification of this Master Agreement, the Series B-1 Notes, the Warrants Confirmation or any other document referred to herein or therein or related thereto; (c) the invalidity or unenforceability of any obligation or liability of any party under this Agreement, the Series B-1 Notes, the Warrants or any other documents referred to herein or therein or related thereto; (d) any invalidity or irregularity in the execution of this Agreement, the Series B-1 Notes, the Warrants or any other documents referred to herein or therein or related thereto; (e) any lack of capacity or deficiency in the powers of the Company, any Guarantor or any other person to enter into or perform any of its obligations under this Agreement, the Series B-1 Notes, the Warrants or any other documents referred to herein or therein or related thereto or any irregularity in the exercise thereof or any lack of authority by any person purporting to act on behalf of the Company, the Guarantors or such other person; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Company or either or both of the Guarantors or any other person; (g) any other security document, security interest, guarantee or other security or right or remedy being or becoming held by or available to any Purchaser or by any other person or by any of the same being or Pledgee, becoming wholly or partly void, voidable, unenforceable or impaired or by any Purchaser the Pledgee at any time releasing, refraining from enforcing, varying or in any other way dealing with any of the same or any power, right or remedy any Purchaser the Pledgee may now or hereafter have from or against the Company Pledgor or any other person or the granting of any time or indulgence to the Pledgor or any other person; (hii) Any variation or modification or extension or novation of the Transaction, the Master Agreement or the confirmation or any other document referred to therein; (iii) The invalidity or unenforceability of any obligation or liability of the Pledgor under the Master Agreement or the Confirmation; (iv) Any invalidity or irregularity in the execution of this Agreement, the Master Agreement or the Confirmation, or any deficiency in the powers of the Pledgor to enter into or perform any of its obligations under this Agreement, the Transaction, the Master Agreement or the Confirmation; (v) The insolvency or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Pledgor; (vi) Any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against the Company Pledgor or any other person or any compromise, arrangement or settlement with any of the same; or (ivii) any Any act, omission, event or circumstance other than as provided under this Agreement which would or may may, but for the provisions of this provision paragraph, operate to prejudice, affect or discharge this Guarantee Agreement or the liability of the Guarantors Pledgor hereunder.

Protective Clauses. Without limiting Section 2.5, neither the liability of either of the Guarantors nor the validity or enforceability of this Guarantee shall be prejudiced, affected or discharged by: (a) the granting of any time or indulgence to the Company or any other person; (b) any variation or modification of this Agreement, the Series B-1 B Notes, the Warrants or any other document referred to herein or therein or related thereto; (c) the invalidity or unenforceability of any obligation or liability of any party under this Agreement, the Series B-1 B Notes, the Warrants or any other documents referred to herein or therein or related thereto; (d) any invalidity or irregularity in the execution of this Agreement, the Series B-1 B Notes, the Warrants or any other documents referred to herein or therein or related thereto; (e) any lack of capacity or deficiency in the powers of the Company, any Guarantor or any other person to enter into or perform any of its obligations under this Agreement, the Series B-1 B Notes, the Warrants or any other documents referred to herein or therein or related thereto or any irregularity in the exercise thereof or any lack of authority by any person purporting to act on behalf of the Company, the Guarantors or such other person; (f) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Company or either or both of the Guarantors or any other person; (g) any other security document, security interest, guarantee or other security or right or remedy being or becoming held by or available to any Purchaser or by any other person or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Purchaser at any time releasing, refraining from enforcing, varying or in any other way dealing with any of the same or any power, right or remedy any Purchaser may now or hereafter have from or against the Company or any other person; (h) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against the Company or any other person or any compromise, arrangement or settlement with any of the same; or (i) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Guarantee or the liability of the Guarantors hereunder.

Protective Clauses. Without limiting the provisions of Section 2.54 (Continuing Obligations), neither the liability of either of the Guarantors ▇▇▇▇▇▇▇ nor the validity or enforceability of this Guarantee Agreement shall be prejudiced, affected or discharged by: (a) 5.1.1 any waiver, exercise, omission, compromise, arrangement or settlement with or the granting of any time time, concession, consent or indulgence to, the Borrower in relation to the Company or any other personits Obligations; (b) any 5.1.2 the amendment, variation or modification of this Agreement, the Series B-1 Notes, the Warrants or any other document referred to herein or therein or related theretoFinance Documents; (c) 5.1.3 any change or restructuring of the invalidity structure of the Borrower/▇▇▇▇▇▇▇ and/or the Company; 5.1.4 the invalidity, irregularity or unenforceability of any obligation or liability of any party the Parties under this Agreement, the Series B-1 Notes, the Warrants or any other documents referred to herein or therein or related thereto; (d) 5.1.5 any invalidity or irregularity in the execution of this Agreement, the Series B-1 Notes, the Warrants or any other documents referred to herein or therein or related thereto; (e) any lack of capacity or deficiency in the powers of the Company, any Guarantor ▇▇▇▇▇▇▇ or any other person Person to enter into or perform any of its their respective obligations under this Agreement, the Series B-1 Notes, the Warrants or any other documents referred to herein or therein or related thereto Agreement or any irregularity in the exercise thereof or any lack of authority by any person Person purporting to act on behalf of the Company, the Guarantors or such other personits behalf; (f) 5.1.6 the insolvency, bankruptcy insolvency or liquidation or winding up or any incapacity, disability or limitation or any change in the constitution constitution, status, control or status ownership of the Company or either or both of the Guarantors Borrower or any other personPerson, as the case may be; (g) 5.1.7 any other security document, security interestcharge, guarantee or other security or right or remedy being or becoming held by or available to any Purchaser or by any other person or by any of the same Lender being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Purchaser the Lender at any time releasing, refraining from enforcing, varying or in any other way dealing with any of the same them or any power, right or remedy any Purchaser that the Lender may now or hereafter have from or against the Company ▇▇▇▇▇▇▇ or any other personPerson; (h) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against the Company or any other person or any compromise, arrangement or settlement with any of the same; or (i) 5.1.8 any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Guarantee Agreement or the liability of the Guarantors hereunder▇▇▇▇▇▇▇, as the case may be hereunder or any other right, power or remedy conferred upon the Lender by this Agreement or by any Applicable Law; or 5.1.9 any other matter or thing whatsoever.

Protective Clauses. Without limiting the provisions of Section 2.54 (Continuing Obligations), neither the liability of either of the Guarantors Pledgor nor the validity or enforceability of this Guarantee Agreement shall be prejudiced, affected or discharged by: (a) 5.1.1 any waiver, exercise, omission, compromise, arrangement or settlement with or the granting of any time time, concession, consent or indulgence to, the Borrower in relation to the Company or any other personits Obligations; (b) any 5.1.2 the amendment, variation or modification of this Agreement, the Series B-1 Notes, the Warrants or any other document referred to herein or therein or related theretoFinance Documents; (c) 5.1.3 any change or restructuring of the invalidity structure of the Borrower/Pledgor and/or the Company; 5.1.4 the invalidity, irregularity or unenforceability of any obligation or liability of any party the Parties under this Agreement, the Series B-1 Notes, the Warrants or any other documents referred to herein or therein or related thereto; (d) 5.1.5 any invalidity or irregularity in the execution of this Agreement, the Series B-1 Notes, the Warrants or any other documents referred to herein or therein or related thereto; (e) any lack of capacity or deficiency in the powers of the Company, any Guarantor Pledgor or any other person Person to enter into or perform any of its their respective obligations under this Agreement, the Series B-1 Notes, the Warrants or any other documents referred to herein or therein or related thereto Agreement or any irregularity in the exercise thereof or any lack of authority by any person Person purporting to act on behalf of the Company, the Guarantors or such other personits behalf; (f) 5.1.6 the insolvency, bankruptcy insolvency or liquidation or winding up or any incapacity, disability or limitation or any change in the constitution constitution, status, control or status ownership of the Company or either or both of the Guarantors Borrower or any other personPerson, as the case may be; (g) 5.1.7 any other security document, security interestcharge, guarantee or other security or right or remedy being or becoming held by or available to any Purchaser or by any other person or by any of the same Lender being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Purchaser the Lender at any time releasing, refraining from enforcing, varying or in any other way dealing with any of the same them or any power, right or remedy any Purchaser that the Lender may now or hereafter have from or against the Company Pledgor or any other personPerson; (h) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against the Company or any other person or any compromise, arrangement or settlement with any of the same; or (i) 5.1.8 any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Guarantee Agreement or the liability of the Guarantors hereunderPledgor, as the case may be hereunder or any other right, power or remedy conferred upon the Lender by this Agreement or by any Applicable Law; or 5.1.9 any other matter or thing whatsoever.

Protective Clauses. Without limiting Section 2.51.4(e), neither the ------------------- liability of either of the Guarantors nor the validity or enforceability of this Guarantee shall be prejudiced, affected or discharged by: (ai) the granting of any time or indulgence to the Company Borrower or any other person; (bii) any variation or modification of this Agreement, the Series B-1 Notes, Notes or the Warrants Debenture or any other document referred to herein or therein or related thereto; (ciii) the invalidity or unenforceability of any obligation or liability of any party under this Agreement, the Series B-1 Notes, Notes or the Warrants Debenture or any other documents referred to herein or therein or related thereto; (div) any invalidity or irregularity in the execution of this Agreement, the Series B-1 Notes, Notes or the Warrants Debenture or any other documents referred to herein or therein or related thereto; (ev) any lack of capacity or deficiency in the powers of the CompanyBorrower, any Guarantor or any other person to enter into or perform any of its obligations under this Agreement, the Series B-1 Notes, Notes or the Warrants Debenture or any other documents referred to herein or therein or related thereto or any irregularity in the exercise thereof or any lack of authority by any person purporting to act on behalf of the CompanyBorrower, the Guarantors or such other person; (fvi) the insolvency, bankruptcy or liquidation or any incapacity, disability or limitation or any change in the constitution or status of the Company Borrower or either or both of the Guarantors or any other person; (gvii) any other security document, security interest, guarantee or other security or right or remedy being or becoming held by or available to any Purchaser Lender or by any other person or by any of the same being or becoming wholly or partly void, voidable, unenforceable or impaired or by any Purchaser Lender at any time releasing, refraining from enforcing, varying or in any other way dealing with any of the same or any power, right or remedy any Purchaser Lender may now or hereafter have from or against the Company Borrower or any other person; (hviii) any waiver, exercise, omission to exercise, compromise, renewal or release of any rights against the Company Borrower or any other person or any compromise, arrangement or settlement with any of the same; or (iix) any act, omission, event or circumstance which would or may but for this provision operate to prejudice, affect or discharge this Guarantee or the liability of the Guarantors hereunder.