Common use of Waiver by the Guarantors Clause in Contracts

Waiver by the Guarantors. (a) Each Guarantor hereby irrevocably and unconditionally waives, to the fullest extent permitted by Applicable Law: (i) notice of acceptance of the guaranty provided in this Article and notice of any liability to which this guaranty may apply, (ii) all notices that may be required by Applicable Law or otherwise to preserve intact any rights of any Financing Party against the Borrower and/or any other Credit Party, including any demand, presentment, protest, proof of notice of non-payment, notice of any failure on the part of the Borrower and/or any other Credit Party to perform and comply with any covenant, agreement, term, condition or provision of any agreement and any other notice to any other party that may be liable in respect of the Obligations guaranteed hereby (including the Borrower, any other Credit Party and any other guarantor thereof from time to time) except any of the foregoing as may be expressly required hereunder, (iii) any right to the enforcement, assertion or exercise by any Financing Party of any right, power, privilege or remedy conferred upon such Person under the Financing Documents or otherwise, (iv) any requirement that any Financing Party exhaust any right, power, privilege or remedy, or mitigate any damages resulting from a default, under any Financing Document, or proceed to take any action against a Credit Party or any other Person under or in respect of any Financing Document or otherwise, or protect, secure, perfect or ensure any Lien on any collateral, and (v) the benefit of any statute of limitations affecting the Guarantors’ or any other Credit Party’s liability in respect of any of the payment Obligations, and each Guarantor agrees that any payment of any Obligation to the applicable Person and any other act that shall toll any statute of limitations applicable to the Obligations shall also operate to toll such statute of limitations applicable to such Guarantor’s liability under this Article.

Waiver by the Guarantors. (a) Each Guarantor of the Guarantors hereby irrevocably and unconditionally waives, to the fullest extent permitted by Applicable Law: (i) notice of acceptance of the guaranty Guarantee provided in this Article IX and notice of any liability to which this guaranty Guarantee may apply, (ii) all notices that may be required by Applicable Law or otherwise to preserve intact any rights of any Financing Party Beneficiary against the Borrower and/or any other Credit Loan Party, including any demand, presentment, protest, proof of notice of non-payment, notice of any failure on the part of the Borrower and/or any other Credit Loan Party to perform and comply with any covenant, agreement, term, condition or provision of any agreement and any other notice to any other party that may be liable in respect of the Obligations guaranteed Guaranteed hereby (including the Borrower, any other Credit Party and any other guarantor thereof from time to timeLoan Party) except any of the foregoing as may be expressly required hereunder, (iii) any right to the enforcement, assertion or exercise by any Financing Party Beneficiary of any right, power, privilege or remedy conferred upon such Person under the Financing Loan Documents or otherwise, (iv) any requirement that any Financing Party Beneficiary exhaust any right, power, privilege or remedy, or exhaust or apply any assets of the Borrower or any other Guarantor or mitigate any damages resulting from a default, under any Financing Loan Document, or proceed to take against any action against a Credit Loan Party or any other Person under or in respect of any Financing Loan Document or otherwise, or protect, secure, perfect or ensure otherwise (including any Lien on requirement that any collateralaction be initiated and/or completed against the Borrower prior to any action being initiated against any Guarantor), and (v) the benefit of any statute of limitations affecting the requirement that claims or liabilities be divided among Guarantors’ or any other Credit Party’s liability in respect of any of the payment Obligations, and each Guarantor agrees that any payment of any Obligation to the applicable Person and any other act that shall toll any statute of limitations applicable to the Obligations shall also operate to toll such statute of limitations applicable to such Guarantor’s liability under this Article.

Waiver by the Guarantors. (a) Each Guarantor hereby irrevocably and unconditionally waives, to the fullest extent permitted by Applicable Law: (i) notice of acceptance of the guaranty provided in this Article and notice of any liability to which this guaranty may apply, (ii) all notices that may be required by Applicable Law or otherwise to preserve intact any rights of any Financing Party against the Borrower and/or any other Credit Party, including any demand, presentment, protest, proof of notice of non-payment, notice of any failure on the part of the Borrower and/or any other Credit Party to perform and comply with any covenant, agreement, term, condition or provision of any agreement and any other notice to any other party that may be liable in respect of the Obligations guaranteed hereby (including the Borrower, any other Credit Party and any other guarantor thereof from time to time) except any of the foregoing as may be expressly required hereunder, (iii) any right to the enforcement, assertion or exercise by any Financing Party of any right, power, privilege or remedy conferred upon such Person under the Financing Documents or otherwise, (iv) any requirement that any Financing Party exhaust any right, power, privilege or remedy, or mitigate any damages resulting from a default, under any Financing Document, or proceed to take any action against a Credit Party or any other Person under or in respect of any Financing Document or otherwise, or protect, secure, perfect or ensure any Lien on any collateral, and (v) the benefit of any statute of limitations affecting the Guarantors’ or any other Credit Party’s liability in respect of any of the payment Obligations, and each Guarantor agrees that any payment of any Obligation to the applicable Person and any other act that shall toll any statute of limitations applicable to the Obligations shall also operate to toll such statute of limitations applicable to such Guarantor’s liability under this Article. (b) Each Guarantor hereby further waives any right to which it may be entitled under Articles 2836, 2846, 2848 and 2849 of the Federal Civil Code (Código Civil Federal) of México and similar articles contained in the Civil Codes of the States of México and the Federal District. Each Guarantor further expressly waives the benefits of order, excusión and división contained in Articles 2814, 2815, 2817, 2818, 2820, 2821, 2822, 2823, 2839, 2840, 2841 and other similar articles of the Federal Civil Code of México and similar articles contained in the Civil Codes of the States of México and the Federal District.

Waiver by the Guarantors. (a) Each Guarantor hereby irrevocably and unconditionally waives, to the fullest extent permitted by Applicable Law: (i) notice of acceptance of the guaranty provided in this Article and notice of any liability to which this guaranty may apply, (ii) all notices that may be required by Applicable Law or otherwise to preserve intact any rights of any Financing Party against the Borrower and/or any other Credit Party, including any demand, presentment, protest, proof of notice of non-payment, notice of any failure on the part of the Borrower and/or any other Credit Party to perform and comply with any covenant, agreement, term, condition or provision of any agreement and any other notice to any other party that may be liable in respect of the Obligations guaranteed hereby (including the Borrower, any other Credit Party and any other guarantor thereof from time to time) except any of the foregoing as may be expressly required hereunder, (iii) any right to the enforcement, Bredie Credit Agreement 67 assertion or exercise by any Financing Party of any right, power, privilege or remedy conferred upon such Person under the Financing Documents or otherwise, (iv) any requirement that any Financing Party exhaust any right, power, privilege or remedy, or mitigate any damages resulting from a default, under any Financing Document, or proceed to take any action against a Credit Party or any other Person under or in respect of any Financing Document or otherwise, or protect, secure, perfect or ensure any Lien on any collateral, and (v) the benefit of any statute of limitations affecting the Guarantors’ or any other Credit Party’s liability in respect of any of the payment Obligations, and each Guarantor agrees that any payment of any Obligation to the applicable Person and any other act that shall toll any statute of limitations applicable to the Obligations shall also operate to toll such statute of limitations applicable to such Guarantor’s liability under this Article.

Waiver by the Guarantors. (a) Each Guarantor hereby irrevocably The Guarantors unconditionally waive and unconditionally waivesrelease, to the fullest extent permitted by Applicable Law: , any and all (ia) notice of the acceptance of this Guarantee by any Beneficiary and of any change in the guaranty provided 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 this Article and Section 2.04 hereof or any notice of or proof of reliance by any liability 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 this guaranty may apply, (ii) all notices that may be required by Applicable Law statute, rule of law or otherwise otherwise, now or hereafter in effect, to preserve intact any rights of any Financing Party of the Beneficiaries against the Borrower and/or any other Credit PartyGuarantors; (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 demand, presentment, protest, proof extension of notice of non-payment, notice of time conferred by any failure on the part of the Borrower and/or any other Credit Party to perform and comply with any covenant, agreement, term, condition law now or provision of any agreement and any other notice to any other party that may be liable hereafter in respect of the Obligations guaranteed hereby effect; (including the Borrower, any other Credit Party and any other guarantor thereof from time to time) except any of the foregoing as may be expressly required hereunder, (iiif) 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 Financing Party of the Beneficiaries of any right, power, privilege or remedy conferred upon such Person under herein or in the Financing Documents Master Lease or otherwise; (h) requirements of promptness or diligence on the part of any of the Beneficiaries; (i) notices of the sale, (iv) any requirement that any Financing Party exhaust 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 remedy, or mitigate any damages resulting from a default, under any Financing Document, or proceed to take any action against a Credit Party or any other Person under or in respect right. The rights and remedies herein provided are cumulative and not exclusive of any Financing Document rights or otherwise, or protect, secure, perfect or ensure any Lien on any collateral, and (v) the benefit of any statute of limitations affecting the Guarantors’ or any other Credit Party’s liability in respect of any of the payment Obligations, and each Guarantor agrees that any payment of any Obligation to the applicable Person and any other act that shall toll any statute of limitations applicable to the Obligations shall also operate to toll such statute of limitations applicable to such Guarantor’s liability under this Articleremedies provided by law.

Waiver by the Guarantors. (a) Each Guarantor hereby irrevocably The Guarantors unconditionally waive and unconditionally waivesrelease, to the fullest extent permitted by Applicable Law: , any and all (ia) notice of the acceptance of this Guarantee by any Beneficiary and of any change in the guaranty provided 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 this Article and Section 2.04 hereof or any notice of or proof of reliance by any liability 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 this guaranty may apply, (ii) all notices that may be required by Applicable Law statute, rule of law or otherwise otherwise, now or hereafter in effect, to preserve intact any rights of any Financing Party of the Beneficiaries against the Borrower and/or any other Credit PartyGuarantors; (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 demand, presentment, protest, proof extension of notice of non-payment, notice of time conferred by any failure on the part of the Borrower and/or any other Credit Party to perform and comply with any covenant, agreement, term, condition law now or provision of any agreement and any other notice to any other party that may be liable hereafter in respect of the Obligations guaranteed hereby effect; (including the Borrower, any other Credit Party and any other guarantor thereof from time to time) except any of the foregoing as may be expressly required hereunder, (iiif) 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 Financing Party of the Beneficiaries of any right, power, privilege or remedy conferred upon such Person under herein or in the Financing Documents Master Lease or otherwise; (h) requirements of promptness or diligence on the part of any of the Beneficiaries; (i) notices of the sale, (iv) any requirement that any Financing Party exhaust 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 remedy, or mitigate any damages resulting from a default, under any Financing Document, or proceed to take any action against a Credit Party or any other Person under or in respect right. The rights and remedies herein provided are cumulative and not exclusive of any Financing Document rights or otherwise, or protect, secure, perfect or ensure any Lien on any collateral, and (v) the benefit of any statute of limitations affecting the Guarantors’ or any other Credit Party’s liability in respect of any of the payment Obligations, and each Guarantor agrees that any payment of any Obligation to the applicable Person and any other act that shall toll any statute of limitations applicable to the Obligations shall also operate to toll such statute of limitations applicable to such Guarantor’s liability under this Articleremedies provided by law.