Common use of Waiver by the Guarantors Clause in Contracts

Waiver by the Guarantors. The Guarantors unconditionally waive and release, to the fullest extent permitted by Applicable Law, any and all (a) notice of the acceptance of this Guarantee by any Beneficiary and of any change in the financial condition of the Master Lessee; (b) notices of the creation, renewal, extension or accrual of any Obligation or any of the matters referred to in Section 2.04 hereof or any notice of or proof of reliance by any of the Beneficiaries upon this Guarantee or acceptance of this Guarantee (the Obligations, and any of them, shall conclusively be deemed to have been created, contracted, incurred, renewed, extended, amended or waived in reliance upon this Guarantee and all dealings between the Master Lessee or the Guarantors and each Beneficiary shall be conclusively presumed to have been had or consummated in reliance upon this Guarantee); (c) notices which may be required by statute, rule of law or otherwise, now or hereafter in effect, to preserve intact any rights of any of the Beneficiaries against the Guarantors; (d) the right to interpose all substantive and procedural defenses to the law of guarantee, indemnification and suretyship, except the defenses of prior payment or prior performance by the Master Lessee or the Guarantors of the Obligations; (e) all rights, defenses and remedies accorded by Applicable Law to guarantors or sureties, including any extension of time conferred by any law now or hereafter in effect; (f) any right or claim of right to cause a marshaling of the assets of the Master Lessee or to cause any Beneficiary to proceed against the Master Lessee or any collateral held by any Beneficiary at any time or in any particular order; (g) rights to the enforcement, assertion or exercise by any of the Beneficiaries of any right, power, privilege or remedy conferred herein or in the Master Lease or otherwise; (h) requirements of promptness or diligence on the part of any of the Beneficiaries; (i) notices of the sale, transfer or other disposition of any right, title to or interest in the Master Lease; (j) demand of payment by any Beneficiary or any other Person from the Master Lessee or any other Person indebted or in any manner liable on or for the Obligations hereby guaranteed; (k) presentment for payment by any Beneficiary or any other Person of the Obligations, protest thereof and notice of dishonor to any party; or (l) other circumstances whatsoever (except the defenses of prior payment or prior performance by the Master Lessee or the Guarantors of the Obligations) which might otherwise constitute a legal or equitable discharge, release or defense of a guarantor or surety, or which might otherwise limit recourse against the Guarantors. No failure to exercise and no delay in exercising, on the part of any Beneficiary, any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other power, privilege or right. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

Waiver by the Guarantors. The Guarantors unconditionally waive and release, to (a) To the fullest extent permitted by Applicable Law, the Parent Guarantor and each Subsidiary Guarantor unconditionally and irrevocably waives acceptance hereof, presentment, demand, protest and any and all (a) notice of the acceptance of this Guarantee not provided for herein, as well as any requirement that at any time any action be taken by any Beneficiary Person against the Issuer or any other Person. The Note Guarantee constitutes a guarantee of payment and not of any change in the financial condition of the Master Lessee; collection. (b) notices to the extent permitted by Applicable Law, the Parent Guarantor and each Subsidiary Guarantor expressly waives irrevocably and unconditionally: (i) any right it may have to first require any Holder of the creationNew Notes to proceed against, renewal, extension or accrual initiate any actions before a court of any Obligation law or any other judge or authority, or enforce any other rights or security or claim payment from the Issuer or any other Person (including any Guarantor or any other guarantor) before claiming it under this Indenture; (ii) any right to which it may be entitled to have the assets of the matters referred to in Section 2.04 hereof Issuer or any notice other Person (including the Parent Guarantor, the Subsidiary Guarantors or any other guarantor) first be used, applied or depleted as payment of the Issuer’s, the Parent Guarantor’s or proof of reliance the Subsidiary Guarantors’ obligations hereunder, prior to any amount being claimed from or paid by any of the Beneficiaries upon this Guarantee or acceptance of this Guarantee Parent Guarantor hereunder; and (the Obligations, and any of them, shall conclusively be deemed to have been created, contracted, incurred, renewed, extended, amended or waived in reliance upon this Guarantee and all dealings between the Master Lessee or the Guarantors and each Beneficiary shall be conclusively presumed to have been had or consummated in reliance upon this Guarantee); (c) notices which may be required by statute, rule of law or otherwise, now or hereafter in effect, to preserve intact any rights of any of the Beneficiaries against the Guarantors; (d) the right to interpose all substantive and procedural defenses to the law of guarantee, indemnification and suretyship, except the defenses of prior payment or prior performance by the Master Lessee or the Guarantors of the Obligations; (e) all rights, defenses and remedies accorded by Applicable Law to guarantors or sureties, including any extension of time conferred by any law now or hereafter in effect; (fiii) any right or claim of right to cause a marshaling of which it may be entitled to have claims hereunder divided between the assets of Parent Guarantor and the Master Lessee or to cause any Beneficiary to proceed against the Master Lessee or any collateral held by any Beneficiary at any time or in any particular order; (g) rights to the enforcement, assertion or exercise by any of the Beneficiaries of any right, power, privilege or remedy conferred herein or in the Master Lease or otherwise; (h) requirements of promptness or diligence on the part of any of the Beneficiaries; (i) notices of the sale, transfer or other disposition of any right, title to or interest in the Master Lease; (j) demand of payment by any Beneficiary or any other Person from the Master Lessee or any other Person indebted or in any manner liable on or for the Obligations hereby guaranteed; (k) presentment for payment by any Beneficiary or any other Person of the Obligations, protest thereof and notice of dishonor to any party; or (l) other circumstances whatsoever (except the defenses of prior payment or prior performance by the Master Lessee or the Guarantors of the Obligations) which might otherwise constitute a legal or equitable discharge, release or defense of a guarantor or surety, or which might otherwise limit recourse against the Subsidiary Guarantors. No failure to exercise and no delay in exercising, on the part of any Beneficiary, any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other power, privilege or right. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

Waiver by the Guarantors. The Guarantors unconditionally waive and release, to the fullest extent permitted by Applicable Law, any and all (a) notice of the acceptance of this Guarantee by any Beneficiary and of any change in the financial condition of the Master Lessee; (b) notices of the creation, . renewal, extension or accrual of any Obligation or any of the matters referred to in Section 2.04 hereof or any notice of or proof of reliance by any of the Beneficiaries upon this Guarantee or acceptance of this Guarantee (the Obligations, and any of them, shall conclusively be deemed to have been created, contracted, incurred, renewed, extended, amended or waived in reliance upon this Guarantee and all dealings between the Master Lessee or the Guarantors and each Beneficiary shall be conclusively presumed to have been had or consummated in reliance upon this Guarantee); (c) notices which may be required by statute, rule of law or otherwise, now or hereafter in effect, to preserve intact any rights of any of the Beneficiaries against the Guarantors; (d) the right to interpose all substantive and procedural defenses to the law of guarantee, indemnification and suretyship, except the defenses of prior payment or prior performance by the Master Lessee or the Guarantors of the Obligations; (e) all rights, defenses and remedies accorded by Applicable Law to guarantors or sureties, including any extension of time conferred by any law now or hereafter in effect; (f) any right or claim of right to cause a marshaling of the assets of the Master Lessee or to cause any Beneficiary to proceed against the Master Lessee or any collateral held by any Beneficiary at any time or in any particular order; (g) rights to the enforcement, assertion or exercise by any of the Beneficiaries of any right, power, privilege or remedy conferred herein or in the Master Lease or otherwise; (h) requirements of promptness or diligence on the part of any of the Beneficiaries; (i) notices of the sale, transfer or other disposition of any right, title to or interest in the Master Lease; (j) demand of payment by any Beneficiary or any other Person from the Master Lessee or any other Person indebted or in any manner liable on or for the Obligations hereby guaranteed; (k) presentment for payment by any Beneficiary or any other Person of the Obligations, protest thereof and notice of dishonor to any party; , or (l) other circumstances whatsoever (except the defenses of prior payment or prior performance by the Master Lessee or the Guarantors of the Obligations) which might otherwise constitute a legal or equitable discharge, release or defense of a guarantor or surety, or which might otherwise limit recourse against the Guarantors. No failure to exercise and no delay in exercising, on the part of any Beneficiary, any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other power, privilege or right. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.