Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 77 contracts
Sources: Multicurrency Revolving Facility Agreement (H Lundbeck a S), Facilities Agreement, Senior Facility Agreement (Lesaka Technologies Inc)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1817. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 52 contracts
Sources: Bridge Facility Agreement (Smurfit WestRock LTD), Facility Agreement (Ses S.A.), Bridge Facilities Agreement (CMB.TECH Nv)
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Credit Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 18Section 15. This waiver applies irrespective of any law or any provision of a Finance Credit Document to the contrary.
Appears in 49 contracts
Sources: Loan Agreement (NCL CORP Ltd.), Loan Agreement (NCL CORP Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 47 contracts
Sources: Term Credit Facility Agreement (Axian Telecom), Revolving Credit Facility Agreement (Sibanye Stillwater LTD), Bridge Facility Agreement (Ses S.A.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights right or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryClause.
Appears in 22 contracts
Sources: Credit Facility Agreement, Term and Revolving Facilities Agreement (Smith & Nephew PLC), Facility Agreement (Smith & Nephew PLC)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1821. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 22 contracts
Sources: Senior Term Facilities Agreement (CorpAcq Group PLC), Senior Term Facilities Agreement (CorpAcq Group PLC), Notes Purchase Agreement (Membership Collective Group Inc.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1820. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 18 contracts
Sources: Senior Term Facilities Agreement (NeoGames S.A.), Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Syndicated Facility Agreement (Metals Acquisition LTD)
Immediate recourse. (a) Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights right or security or claim payment from any person before claiming from that Guarantor under this Clause 18. Clause.
(b) This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 16 contracts
Sources: Facility Agreement (TTM Technologies Inc), Facility Agreement (TTM Technologies Inc), Credit Facilities Agreement (Amec PLC)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryclause 15.
Appears in 11 contracts
Sources: Revolving Credit Facility Agreement (Gold Fields LTD), Revolving Credit Facility Agreement (Gold Fields LTD), Revolving Credit Facility Agreement (Gold Fields LTD)
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 10 contracts
Sources: Senior Facilities Agreement (OneSmart International Education Group LTD), Multicurrency Revolving Credit Agreement (Abb LTD), Facility Agreement (Midamerican Energy Holdings Co /New/)
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 1817. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 10 contracts
Sources: Facility Agreement, Secured Term Loan Facility (DHT Holdings, Inc.), Loan Agreement (PCGI Intermediate Holdings LTD)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1823. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 10 contracts
Sources: Note Subscription Agreement (CorpAcq Group PLC), Note Subscription Agreement (CorpAcq Group PLC), Revolving Facility Agreement (Manchester United PLC)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18clause 17. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 7 contracts
Sources: Facility Agreement (Navigator Holdings Ltd.), Loan Note Subscription Agreement (Metals Acquisition LTD), Loan Note Subscription Agreement (Metals Acquisition Corp)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1815. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 7 contracts
Sources: Facility Agreement (Ozon Holdings PLC), Common Terms Agreement (Sunpower Corp), Subordinated Facility Agreement (Diana Shipping Inc.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1822. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 6 contracts
Sources: Senior Facilities Agreement (OpSec Holdings), Facilities Agreement (Syngenta Ag), Revolving Facility Agreement (South Texas Supply Company, Inc.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1825. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 5 contracts
Sources: Term Facility Agreement (Manchester United PLC), Term Facility Agreement (Manchester United PLC), Revolving Facilities Agreement (Manchester United Ltd.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Creditor Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1816. This waiver applies irrespective of any law or any provision of a Finance Document or Master Agreement to the contrary.
Appears in 5 contracts
Sources: Loan Agreement (Scorpio Tankers Inc.), Loan Agreement (Scorpio Tankers Inc.), Loan Agreement (Scorpio Tankers Inc.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18clause 19. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 5 contracts
Sources: Revolving Credit Facility Agreement (Harmony Gold Mining Co LTD), Term and Revolving Credit Facilities Agreement (Harmony Gold Mining Co LTD), Term Facility Agreement (Enstar Group LTD)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party the Lender (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 5 contracts
Sources: Loan Agreement (Melco Crown Entertainment LTD), Facility Agreement (Sequoia Capital China I Lp), Facility Agreement (Chiu Na Lai)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security Security or claim payment from any person before claiming from that Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 5 contracts
Sources: Borrowing Base Facility Agreement (Vaalco Energy Inc /De/), Borrowing Base Facility Agreement (Vaalco Energy Inc /De/), Senior Facility Agreement (International Game Technology PLC)
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 1816. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 5 contracts
Sources: Facility Agreement (Digital Landscape Group, Inc.), Facility Agreement (Platinum Underwriters Holdings LTD), Facility Agreement (Platinum Underwriters Holdings LTD)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security Security or claim payment from any person before claiming from that Guarantor under this Clause 18clause 22. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 5 contracts
Sources: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)
Immediate recourse. Each Subject to Clause 18.6 (Requirement of notice), each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 4 contracts
Sources: Multicurrency Revolving Facility Agreement (Luxottica Group Spa), Facility Agreement (Luxottica Group Spa), Facilities Agreement (Luxottica Group Spa)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (to require Agent or any trustee or agent on its behalf) Lender to proceed against against, or enforce any other rights or security Collateral or claim payment from from, any person other Person before claiming from that Guarantor under this Clause 18Section 4. This waiver applies irrespective of any law or any provision of a Finance Loan Document to the contrary.
Appears in 4 contracts
Sources: Credit Agreement (SWK Holdings Corp), Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD), Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD)
Immediate recourse. (a) Each Facility Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Facility Guarantor under this Clause 18. Clause.
(b) This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 4 contracts
Sources: Amendment and Restatement Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1816. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 4 contracts
Sources: Note Purchase Agreement, Syndicated Loan Facility (Anglogold Ashanti LTD), Facility Agreement (China Shandong Industries, Inc.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any a Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 3 contracts
Sources: Distribution Agreement (Central European Distribution Corp), Facility Agreement (Salton Inc), Facility Agreement (Salton Inc)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that a Guarantor under this Clause 1819.5. This waiver applies irrespective of any law or regulation or any provision of a Finance Document to the contrary. Each Guarantor also waives any right to be sued jointly with other Guarantors and to share liability resulting from any claim against it.
Appears in 3 contracts
Sources: Acquisition Facilities Agreement (Cemex Sa De Cv), Acquisition Facilities Agreement (Cemex Sa De Cv), Acquisition Facilities Agreement (Cemex Sab De Cv)
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 3 contracts
Sources: Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18clause 17. This waiver applies irrespective of any law or any provision of a Senior Finance Document to the contrary.
Appears in 3 contracts
Sources: Credit Agreement (Fimep Sa), Senior Credit Agreement (Delta I Acquisition Inc), Senior Credit Agreement (Ocallaghan Barry)
Immediate recourse. Each Subject to Clause 17.6 (Requirement of notice), each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1817. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 3 contracts
Sources: Loan Agreement (Luxottica Group Spa), Term Facility Agreement (Luxottica Group Spa), Bridge Facility Agreement (Luxottica Group Spa)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 3 contracts
Sources: Facility Agreement, Facility Agreement (Danaos Corp), Secured Credit Facility Agreement (Seadrill Partners LLC)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security of or claim payment from or file any person proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other Person before claiming from that such Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryAgreement.
Appears in 3 contracts
Sources: Revolving Multicurrency Credit Facility (Derby Cycle Corp), Facility Agreement (Derby Cycle Corp), Facility Agreement (Lyon Investments B V)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Secured Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18Section 13. This waiver applies irrespective of any law or any provision of a Finance Credit Document to the contrary.
Appears in 2 contracts
Sources: Abl Credit Agreement (Univar Inc.), Abl Credit Agreement (Univar Inc.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Loan Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18Agreement. This waiver applies irrespective of any law or any provision of a Finance Loan Document to the contrary.
Appears in 2 contracts
Sources: Credit Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person Person before claiming from that Guarantor under this Clause 1817 (Guarantee and Indemnity). This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 2 contracts
Sources: Single Currency Term Facility Agreement (Bristol Myers Squibb Co), Single Currency Term Facility Agreement (Bristol Myers Squibb Co)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Senior Finance Party (or any trustee the Security Agent or agent on its behalf) to proceed against or enforce any other rights or security or claim obtain payment from any person before claiming from that Guarantor under this Clause 1824 (Guarantees). This waiver applies irrespective of any law or any provision of a Senior Finance Document to the contrary.
Appears in 2 contracts
Sources: Loan Agreement (Elster Group SE), Loan Agreement (Elster Group SE)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Creditor Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1816. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 2 contracts
Sources: Loan Agreement (Pangaea Logistics Solutions Ltd.), Loan Agreement (Quartet Holdco Ltd.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that each Guarantor under this Clause 18Guarantee. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 2 contracts
Sources: Senior Secured Term Loan Facility Agreement (Flex LNG Ltd.), Senior Secured Term Loan Facility Agreement (Flex LNG Ltd.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor it under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Validus Holdings LTD), Amendment and Restatement Agreement (Validus Holdings LTD)
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 182. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 2 contracts
Sources: Guarantee (Wimm Bill Dann Foods Ojsc), Guarantee (Wimm Bill Dann Foods Ojsc)
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 1817 (Guarantee and Indemnity). This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 2 contracts
Sources: Facility Agreement, Facility Agreement (McDermott International Inc)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1813. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 2 contracts
Sources: Facility Agreement (Global Ship Lease, Inc.), Credit Agreement (Global Ship Lease, Inc.)
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) the Lender to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 1812. This waiver applies irrespective of any law or any provision under any of a the Finance Document Documents to the contrary.
Appears in 2 contracts
Sources: Facilities Agreement (Danfoss Acquisition Inc), Facilities Agreement (Sauer Danfoss Inc)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Document and/or any Hedging Agreements to the contrary.
Appears in 2 contracts
Sources: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party Secured Creditor (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person Person (including without limitation to commence any proceedings under any Loan Document or to enforce any security provided by or pursuant to the Security Documents) before claiming from that Guarantor or commencing proceedings under this Clause Section 18. This waiver applies irrespective of any law or any provision of a Finance Loan Document to the contrary.
Appears in 2 contracts
Sources: Credit Agreement (Tidewater Inc), Credit Agreement (Tidewater Inc)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security of or claim payment from or file any proof or claim in any insolvency, administration, winding up, bankruptcy or liquidation proceedings relating to, any other Obligor or any other person before claiming from that such Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryAgreement.
Appears in 2 contracts
Sources: Facility Agreement (Pacificorp /Or/), Facility Agreement (Central Power & Light Co /Tx/)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Senior Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 2 contracts
Sources: Senior Facilities Agreement (Atlatsa Resources Corp), Senior Term Loan and Revolving Facilities Agreement (Atlatsa Resources Corp)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1823. This waiver applies irrespective of any law or any provision of a Senior Finance Document to the contrary.
Appears in 2 contracts
Sources: Fleet Financing Facility Agreement (Avis Budget Group, Inc.), Avis Europe Interim Fleet Financing Facility Agreement (Avis Budget Group, Inc.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent the Facility Agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 2 contracts
Sources: Term Facilities and Revolving Credit Agreement (SGL Carbon Aktiengesellschaft), Term Facilities and Revolving Credit Agreement (SGL Carbon Aktiengesellschaft)
Immediate recourse. Each Additional Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Additional Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 2 contracts
Sources: Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Nordic American Offshore Ltd.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party or Hedging Bank (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1817. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 2 contracts
Sources: Facility Agreement (Solutia Inc), Facility Agreement (Solutia Inc)
Immediate recourse. Each Guarantor of the Guarantors waives any right it may have of first requiring any Finance Creditor Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that such Guarantor under this Clause 1816. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 2 contracts
Sources: Credit Agreement (Scorpio Bulkers Inc.), Credit Agreement (Scorpio Bulkers Inc.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to (i) proceed against or enforce any other rights or security or claim payment from any person person, or (ii) pursue any other remedy in the power of any Finance Party whatsoever, before claiming from that enforcing its rights against such Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary14.
Appears in 1 contract
Sources: Facility Agreement (Ask Asa)
Immediate recourse. Each New Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that such New Guarantor under this Clause 18clause 3. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Note Purchase Deed (Top Ships Inc.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Junior Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary15 (Guarantee).
Appears in 1 contract
Sources: Junior Mortgage Loan Facility (Wilshire Real Estate Investment Trust Inc)
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Validus Holdings LTD)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1821. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Senior Facilities Agreement (Sirona Dental Systems, Inc.)
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 18. 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) the Secured Parties to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18Agreement. This waiver applies irrespective of any law or any provision of a any Senior Finance Document to the contrary.
Appears in 1 contract
Sources: Guarantee Agreement
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its their behalf) to proceed against or enforce any other rights rights, security or security other guaranty or claim payment from any other Obligor or any other person before claiming from that the Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryGuaranty.
Appears in 1 contract
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party the Lender (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1812. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Facility Agreement (Central European Distribution Corp)
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) the Lender to proceed against or enforce any other rights or security or claim payment from any person (including without limitation to commence any proceedings under any Finance Document or to enforce security created thereunder) before claiming from that Guarantor or commencing proceedings under this Clause 18Guarantee. This waiver applies irrespective of any law or any provision of a Finance Document Documents to the contrary.
Appears in 1 contract
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Guaranteed Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18clause 21. This waiver applies irrespective of any law or any provision of a Finance Guaranteed Document to the contrary.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Hanover Insurance Group, Inc.)
Immediate recourse. Each Guarantor waives any right it may have of to first requiring require any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or to claim payment from any person before claiming from that such Guarantor under this Clause 18hereunder. This Such waiver applies irrespective regardless of any law or any provision of a Finance Document or any other document to the contrary.
Appears in 1 contract
Sources: Facility Agreement (Atmel Corp)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that a Guarantor under this Clause 1820. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Multicurrency Revolving Credit and Guarantee Facility Agreement (Subsea 7 S.A.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any a Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Facility Agreement (Central European Distribution Corp)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that a Guarantor under this Clause 1818.5. This waiver applies irrespective of any law or regulation or any provision of a Finance Document to the contrary. Each Guarantor also waives any right to be sued jointly with other Guarantors.
Appears in 1 contract
Immediate recourse. Each The Guarantor waives any right it may have of first requiring the Security Trustee or any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming the Security Trustee may claim from that the Guarantor under this Clause 18Deed. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Guarantee (Micron Technology Inc)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person Person before claiming from that Guarantor under this Clause 1821. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Revolving Credit Agreement (Pride International Inc)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security Security or claim payment from any person before claiming from that Guarantor under this Clause 1822. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Term and Revolving Facilities Agreement (ShangPharma Corp)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.clause
Appears in 1 contract
Sources: Secured Credit Facility Agreement
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security Security or claim payment from any person before claiming from that Guarantor under this Clause 18clause 27. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
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Immediate recourse. Each Except as provided in Clause 14.1(a)(ii), each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary14.
Appears in 1 contract
Sources: Term and Revolving Credit Facility (Vodafone Group Public Limited Co)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1819. This waiver applies irrespective of any law or any provision of a Finance Financing Document to the contrary.
Appears in 1 contract
Sources: Credit Agreement (Reh Mergersub Inc)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective Part I of any law or any provision of a Finance Document to the contrarySchedule 7.
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Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party the Lender (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 18clause 22. This waiver applies irrespective of any law Applicable Law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Sedibelo Platinum Mines LTD)
Immediate recourse. Each Guarantor of the Guarantors waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights right or security or claim payment from any person before claiming from that Guarantor the Guarantors under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryClause.
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Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.. 18.6
Appears in 1 contract
Sources: Sustainability Linked Revolving Credit Facility Agreement (ICL Group Ltd.)
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 18Guarantee. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Term Loan Facility Agreement (KNOT Offshore Partners LP)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party External Creditor (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1815. This waiver applies irrespective of any law or any provision of a Finance Document or Hedging Agreement to the contrary.
Appears in 1 contract
Sources: Intercreditor Agreement
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor it under this Clause 1820. This waiver applies irrespective of any law or any provision of a an Expanded Finance Document to the contrary.
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Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1822. This waiver applies irrespective of any law or any provision of a the Finance Document Documents to the contrary.
Appears in 1 contract
Sources: Facilities Agreement (Carnival PLC)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Creditor Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from the that Guarantor under this Clause 1816. This waiver applies irrespective of any law or any provision of a Finance Document or Master Agreement to the contrary.
Appears in 1 contract
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor it under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary17.
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Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from or file any proof or claim in any insolvency proceedings of any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary16.
Appears in 1 contract
Sources: Credit Agreement (Getty Images Inc)
Immediate recourse. Each Guarantor waives any right it may have of first requiring the Agent or any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security Security or claim payment from any person before claiming from that each Guarantor under this Clause 18the Guarantee. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Credit Facilities Agreement (Wanda Sports Group Co LTD)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryClause.
Appears in 1 contract
Sources: Credit Agreement (Vivendi Universal)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that a Guarantor under this Clause 18. This waiver applies irrespective of any law or regulation or any provision of a Finance Document to the contrary.
Appears in 1 contract
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18clause 33. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Deed of Amendment and Restatement (Kosmos Energy Ltd.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that a Guarantor under this Clause 1818 and waives any similar or additional rights that may be granted by applicable law. This waiver applies irrespective of any law or regulation or any provision of a Finance Document to the contrary. Each Guarantor also waives any right to be sued jointly with other Guarantors and agrees to share liability resulting from any claim against it.
Appears in 1 contract
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary16 (Guarantee).
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Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its their behalf) to proceed against or enforce any other rights rights, security or security other guaranty or claim payment from the Company or any other person before claiming from that the Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contraryGuaranty.
Appears in 1 contract
Sources: Guaranty (EnerSys)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1828. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Rockwood Holdings, Inc.)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18clause 19 (Guarantee and Indemnity). This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
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Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 18. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary14.
Appears in 1 contract
Sources: Facility Agreement (Gold Fields LTD)
Immediate recourse. Each The Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that the Guarantor under this Clause 1810. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
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Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor it under this Clause 1817. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Facility Agreement (Advanced Technology (Cayman) LTD)
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that Guarantor under this Clause 1814. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Immediate recourse. Each Guarantor waives any right it may have of first requiring any Finance Party (or any trustee or agent on its behalf) to proceed against or enforce any other rights or security or claim payment from any person before claiming from that such Guarantor under this Clause 1817. This waiver applies irrespective of any law or any provision of a Finance Document to the contrary.
Appears in 1 contract
Sources: Loan Agreement (Hanarotelecom Inc)