Common use of Waiver by the Guarantor Clause in Contracts

Waiver by the Guarantor. The Guarantor hereby unconditionally ----------------------- waives, to the greatest extent permitted by applicable law, (i) any and all notice of the creation, renewal, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by the Banks upon this Guaranty, or acceptance of this Guaranty, and the Guaranteed Obligations, (ii) any requirement that the Banks exhaust any right or take any action against any Obligor, any other guarantor or any other person or any collateral, (iii) any and all rights which the Guarantor may have or which at any time hereafter may be conferred upon it, by statute (including but not limited to any statute of limitations), regulation or otherwise, to terminate or cancel this Guaranty, (iv) all notices which may be required by statute, rule of law or otherwise to preserve any rights against the Guarantor hereunder, including, without limitation, any demand, presentment, protest, proof or notice of nonpayment of any amounts payable under or in respect of the Credit Agreement, and notice of any failure on the part of any Obligor to perform and comply with any term or condition of the Credit Agreement, (v) any rights to the enforcement, assertion or exercise of any right, remedy, power or privilege under or in respect of the Credit Agreement, (vi) any requirement of diligence and (vii) notice of acceptance of this Guaranty. The Administrative Agent shall have the right to bring suit directly against the Guarantor with respect to the Guaranteed Obligations, either prior to or concurrently with any lawsuit against, or without bringing suit against, any Obligor.

Waiver by the Guarantor. The Guarantor hereby unconditionally waives ----------------------- waives, to the greatest extent permitted by applicable law, (i) any and all notice of the creation, renewal, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by the Banks upon this Guaranty, or acceptance of this Guaranty, and the Guaranteed Obligations, (ii) any requirement that the Banks exhaust any right or take any action against any Obligorthe Borrower, any other guarantor or any other person or any collateral, (iii) any and all rights which the Guarantor may have or which at any time hereafter may be conferred upon it, by statute (including but not limited to any statute of limitations), regulation or otherwise, to terminate or cancel this Guaranty, (iv) all notices which may be required by statute, rule of law or otherwise to preserve any rights against the Guarantor hereunder, including, without limitation, any demand, presentment, protest, proof or notice of nonpayment of any amounts payable under or in respect of the Credit Agreement, and notice of any failure on the part of any Obligor the Borrower to perform and comply with any term or condition of the Credit Agreement, (v) any rights to the enforcement, assertion or exercise of any right, remedy, power or privilege under or in respect of the Credit Agreement, (vi) any requirement of diligence and (vii) notice of acceptance of this Guaranty. The Administrative Agent shall have the right to bring suit directly against the Guarantor with respect to the Guaranteed Obligations, either prior to or concurrently with any lawsuit against, or without bringing suit against, any Obligorthe Borrower.

Waiver by the Guarantor. The Guarantor hereby absolutely, irrevocably and unconditionally ----------------------- waives, to the greatest fullest extent permitted by applicable lawApplicable Law: (a) promptness, (i) diligence, notice of acceptance, notice of presentment and any and all other notice of the creation, renewal, extension or accrual of any of the Guaranteed Obligations Guaranty provided in this Article 17 and notice of or proof of reliance by the Banks upon any liability to which this Guaranty, or acceptance of this Guaranty, and the Guaranteed ObligationsGuaranty may apply, (ii) any requirement that the Banks exhaust any right or take any action against any Obligor, any other guarantor or any other person or any collateral, (iii) any and all rights which the Guarantor may have or which at any time hereafter may be conferred upon it, by statute (including but not limited to any statute of limitations), regulation or otherwise, to terminate or cancel this Guaranty, (ivb) all notices which that may be required by statute, rule of law Applicable Law or otherwise to preserve intact any rights of any Syndication Party against the Guarantor hereunderBorrower or the Guarantor, including, without limitation, including any demand, presentment, protest, proof or of notice of nonpayment of any amounts payable under or in respect of the Credit Agreementnon-payment, and notice of any failure on the part of any Obligor the Borrower or the Guarantor to perform and comply with any term covenant, agreement, term, condition or condition provision of any agreement and any other notice to any other party that may be liable in respect of the Credit Agreementobligations Guaranteed hereby except any of 102 the foregoing as may be expressly required hereunder, (vc) any rights right to the enforcement, assertion or exercise by any Syndication Party of any right, power, privilege or remedy conferred upon such Person under the Loan Documents or otherwise, (d) any requirement that any Syndication Party exhaust any right, power, privilege or remedy, power or privilege mitigate any damages resulting from a default, under any Loan Document, or proceed to take any action against the Borrower or any other Person under or in respect of the Credit Agreementany Loan Document or otherwise, or protect, secure, perfect or ensure any Lien on any collateral, (vie) any requirement other action, event or precondition to the enforcement hereof or the performance by the Guarantor of diligence the Guaranteed Obligations and any other formality, (f) all suretyship defenses and (viif) notice any defense arising by any lack of acceptance capacity or authority or any other defense of this Guaranty. The Administrative Agent shall have any of the right to bring suit directly against the Guarantor with respect to Obligors or any notice, demand or defense by reason of cessation from any cause of Guaranteed Obligations other than payment and performance in full of the Guaranteed Obligations, either prior Obligations by the Obligors and any defense that any other guarantee or security was or was to or concurrently with any lawsuit against, or without bringing suit against, any Obligorbe obtained by the Administrative Agent.

Waiver by the Guarantor. The Guarantor hereby irrevocably and unconditionally ----------------------- waives, to the greatest fullest extent permitted by applicable law, : (ia) any and all notice of the creation, renewal, extension or accrual acceptance of any of the Guaranteed Obligations this Guaranty and notice of or proof of reliance by any liability to which the Banks upon this Guaranty, or acceptance of this Guaranty, and the Guaranteed ObligationsGuaranty may apply, (ii) any requirement that the Banks exhaust any right or take any action against any Obligor, any other guarantor or any other person or any collateral, (iii) any and all rights which the Guarantor may have or which at any time hereafter may be conferred upon it, by statute (including but not limited to any statute of limitations), regulation or otherwise, to terminate or cancel this Guaranty, (ivb) all notices which that may be required by statute, rule of or law or otherwise to preserve intact any rights of any Purchaser against the Guarantor hereunderOriginal Issuer, includingthe Issuer or the Guarantor, without limitation, including any demand, presentment, protest, proof or of notice of nonpayment of any amounts payable under or in respect of the Credit Agreementnon-payment, and notice of any failure on the part of any Obligor the Original Issuer, the Issuer or the Guarantor to perform and comply with any term covenant, agreement, term, condition or condition provision of any agreement and any other notice to any other party that may be liable in respect of the Credit Agreementobligations guaranteed hereby (including the Original Issuer, the Issuer, the Guarantor and any other guarantor thereof from time to time) except any of the foregoing as may be expressly required hereunder, (vc) any rights right to the enforcement, assertion or exercise by any Purchaser of any right, power, privilege or remedy conferred upon any Purchaser under any Note or otherwise, (d) any requirement that any Purchaser exhaust any right, power, privilege or remedy, power or privilege mitigate any damages resulting from a default, under any Note, or proceed to take any action against the Original Issuer, the Issuer or any other Person under or in respect of the Credit Agreementany Note or otherwise, (vi) or protect, secure, perfect or ensure any requirement of diligence Lien on any property at any time constituting Collateral, and (viie) notice of acceptance of this Guaranty. The Administrative Agent shall have to the right to bring suit directly against extent not already covered, the Guarantor with respect to expressly and irrevocably waives all benefits it may have or claim under articles 827, 829, 830, 834, 835, 837, 838 and 839 of the Guaranteed Obligations, either prior to or concurrently with any lawsuit against, or without bringing suit against, any ObligorBrazilian Civil Code and article 595 of the Brazilian Civil Procedure Code.