WAIVER OF SURETY'S DEFENSES Sample Clauses

WAIVER OF SURETY'S DEFENSES. MORTGAGOR WAIVES ALL SURETYSHIP AND ------------------------------ OTHER SIMILAR DEFENSES. ARTICLE 8: INTERPRETATION 8.1
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WAIVER OF SURETY'S DEFENSES. TRUSTOR WAIVES ALL SURETYSHIP AND OTHER ---------------------------- SIMILAR DEFENSES. ARTICLE 8: INTERPRETATION 8.1
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WAIVER OF SURETY'S DEFENSES. GUARANTOR WAIVES ALL SURETYSHIP AND OTHER SIMILAR DEFENSES.
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WAIVER OF SURETY'S DEFENSES. TO THE EXTENT PERMITTED BY LAW, GUARANTOR WAIVES ALL SURETYSHIP AND OTHER SIMILAR DEFENSES.
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WAIVER OF SURETY'S DEFENSES. The Surety shall remain liable under the Guarantee Agreement even if the Offerer is able to challenge or avoid the transaction underlying the Surety's liability (waiver of the defense of voidability of the underlying transaction pursuant to Section 770(1) of the German Civil Code (BGB)). Furthermore, the Surety is barred from raising the defense that the (Banks can satisfy their claims by offsetting them against a debt they owe to BG if said debt is due and either unchallenged or finally and unappealably proven (waiver of the defense of offset pursuant to Section 770(2) of the German Civil Code (BGB)).
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WAIVER OF SURETY'S DEFENSES. This Agreement, being in the nature of an agreement of a surety, may give rise to certain defenses of a surety or guarantor, which defenses Grantor intends to waive. Wherefore, Grantor acknowledges and agrees that this Agreement is an absolute and independent obligation of the Grantor and therefore waives any right to require that any action be brought against the borrower, another guarantor or any other Person or entity which is liable for all or any part of the Secured Obligations, or to require that resort be had at any time to any security for the Secured Obligations or to any right of setoff or similar right. The Grantor's obligations hereunder shall be payable on demand and shall be absolute and unconditional irrespective of (and the Grantor hereby expressly waives any defense or claim of discharge based on): (i) the alteration or modification from time to time (whether material or otherwise); (ii) the waiver by Secured Party of the borrower's compliance with any of the terms and conditions of the Loan Documents; (iii) the forbearance by Secured Party from exercising any right or remedy it may have under the Loan Documents or under law; (iv) any inability, failure, neglect or omission to obtain, perfect, maintain, enforce, or realize upon any collateral for the Secured Obligations, or to pursue or obtain any deficiency judgment against the borrower following any foreclosure of any security interest, mortgage or deed of trust; (v) the loss or impairment of any collateral, the subordination or release of Secured Party's Lien thereon, or the sale, pledge, surrender, exchange or substitution of any collateral; (vi) Secured Party's releasing, waiving, discharging, or modifying the obligations of one or more other guarantors (whether a party hereto or to a separate agreement with Secured Party); (vii) the acceptance by Secured Party of any partial payment on the Secured Obligations or any collateral therefor, or Secured Party settling, subordinating, compromising, discharging, or releasing the Secured Obligations or any collateral therefor; (viii) the unenforceability of the Loan Documents; (ix) any defenses or counterclaims assertable by the borrower, including any defense or counterclaim based on failure of consideration, fraud, statute of frauds, bankruptcy, statute of limitations, lender liability, and accord and satisfaction; (x) any setoff, counterclaim, recoupment or similar right assertable by the borrower, the Grantor, or other guarantor (whether ...
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Related to WAIVER OF SURETY'S DEFENSES

  • Waiver of Suretyship Defenses The Guarantor agrees that the Credit Parties may, at any time and from time to time, and without notice to the Guarantor, make any agreement with the Borrower or with any other person or entity liable on any of the Guaranteed Obligations, for the extension, renewal, payment, compromise, discharge, or release of the Guaranteed Obligations, or for any modification or amendment of the terms thereof or of any instrument or agreement evidencing the Guaranteed Obligations, all without in any way impairing, releasing, discharging, or otherwise affecting the obligations of the Guarantor under this Guaranty. The Guarantor waives any defense arising by reason of any disability or other defense of the Borrower or any other guarantor, or the cessation from any cause whatsoever of the liability of the Borrower, or any claim that the Guarantor’s obligations exceed or are more burdensome than those of the Borrower and waives the benefit of any statute of limitations affecting the liability of the Guarantor hereunder. The Guarantor waives any right to enforce any remedy which the Guarantor now has or may hereafter have against the Borrower and waives any benefit of and any right to participate in any security now or hereafter held by the Administrative Agent for the benefit of the Credit Parties. Further, the Guarantor consents to the taking of, or failure to take, any action which might in any manner or to any extent vary the risks of the Guarantor under this Guaranty or which, but for this provision, might operate as a discharge of the Guarantor.

  • Waiver of Defenses Guarantors hereby agree that their obligations hereunder shall not be affected or impaired by, and hereby waive and agree not to assert or take advantage of any defense based on:

  • Waiver of Liens To the maximum extent permitted by law, Contractor waives, and shall require its suppliers and subcontractors of any tier to waive, all liens and claims, and the right to file and enforce or otherwise assert any liens and claims, against GRTC’s facilities or any other GRTC property (real or personal) in connection with the Goods delivered and Services performed hereunder.

  • Waiver of Claims 9.1. The CONTRACTOR's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against the CITY arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by the CONTRACTOR as unsettled at the time of the final payment. Neither the acceptance of the CONTRACTOR's services nor payment by the CITY shall be deemed to be a waiver of any of the CITY's rights against the CONTRACTOR.

  • Waiver of Liability Seller hereby waives, acquits, and forever releases, and agrees to defend and hold harmless, the Agency, its officer(s), director(s), employee(s), contractor(s), associate(s), and representative(s) from any responsibility or liability whatsoever concerning any photos or videos generated from the Photographic Services or their distribution.

  • Waiver of Set Off Each of the parties hereto hereby waives any right of setoff it may have or to which it may be entitled under this Agreement from time to time against the Administrative Agent, the Lenders, the Lender Agents or their respective assets.

  • Waiver of Lien; Waiver of Set-off The Securities Intermediary waives any security interest, lien or right to make deductions or set-offs that it may now have or hereafter acquire in or with respect to the Collateral Account, any financial asset credited thereto or any security entitlement in respect thereof. Neither the financial assets credited to the Collateral Account nor the security entitlements in respect thereof will be subject to deduction, set-off, banker’s lien, or any other right in favor of any person other than the Company.

  • RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of THE RELEASEES allowing me to participate in wilderness activities, I hereby agree as follows:

  • Waiver of Conditions The conditions to each of the parties' obligations to consummate the Merger are for the sole benefit of such party and may be waived by such party in whole or in part to the extent permitted by applicable law.

  • Waiver of Steps The parties may mutually agree to waive any step of the grievance procedure.

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