Common use of Waiver by the Guarantor Clause in Contracts

Waiver by the Guarantor. The Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against the Company or any other Person. The Guarantor hereby agrees that, in the event of a default in payment of the principal of, interest on, and all other amounts payable under any Unit (including any Purchase Contract governed by this Agreement), whether at its stated maturity, by declaration of acceleration, call for redemption or otherwise, legal proceedings may be instituted by the Trustee on behalf of, or by, the Holder of such Unit (or such Purchase Contract), subject to the terms and conditions set forth in this Agreement, directly against the Guarantor to enforce this Guarantee without first proceeding against the Company.

Appears in 2 contracts

Samples: Unit Agreement (Morgan Stanley Capital Trust Iv), Unit Agreement (Morgan Stanley Finance LLC)

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Waiver by the Guarantor. The Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against the Company or any other Person. The Guarantor hereby agrees that, in the event of a default in payment of the principal of, interest on, and all other amounts payable under any Unit (including any Purchase Contract governed by this Agreement)Warrant, whether at its stated maturity, by declaration of acceleration, call for redemption or otherwise, legal proceedings may be instituted by the Trustee Warrant Agent on behalf of, or by, the Holder of such Unit (or such Purchase Contract)Warrant, subject to the terms and conditions set forth in this Agreement, directly against the Guarantor to enforce this Guarantee without first proceeding against the Company.

Appears in 2 contracts

Samples: Warrant Agreement (Morgan Stanley Finance LLC), Warrant Agreement (Morgan Stanley Capital Trust Iv)

Waiver by the Guarantor. The Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against the Company or any other Person. The Guarantor hereby agrees that, in the event of a default in payment of the principal of, interest on, and all other amounts payable under any Unit (including any Purchase Contract governed by this Agreement)Unit, whether at its stated maturity, by declaration of acceleration, call for redemption or otherwise, legal proceedings may be instituted by the Trustee Agent on behalf of, or by, the Holder of such Unit (or such Purchase Contract)Unit, subject to the terms and conditions set forth in this Agreement, directly against the Guarantor to enforce this Guarantee without first proceeding against the Company.

Appears in 1 contract

Samples: Unit Agreement (Morgan Stanley Capital Trust Iv)

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Waiver by the Guarantor. The Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against the Company Issuer or any other Person. The Guarantor hereby agrees that, in the event of a default in payment of the principal of, interest on, and all other amounts payable under any Unit (including any Purchase Contract governed by this Agreement)Security, whether at its stated maturity, by declaration of acceleration, call for redemption or otherwise, legal proceedings may be instituted by the Trustee on behalf of, or by, the Holder of such Unit (or such Purchase Contract)Security, subject to the terms and conditions set forth in this AgreementIndenture, directly against the Guarantor to enforce this Guarantee without first proceeding against the CompanyIssuer.

Appears in 1 contract

Samples: Senior Indenture (Morgan Stanley Capital Trust Iv)

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