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This excerpt taken from the LUX 20-F filed Jun 28, 2006. Waiver of defences
The obligations of each Guarantor under this Clause 18 will not be affected by any act, omission, matter or thing which, but for this Clause 18, would reduce, release or prejudice any of its obligations under this Clause 18 (without limitation and whether or not known to it or any Finance Party) including: (a) any time, waiver or consent granted to, or composition with, any Obligor or other person;(b) the release of any other Obligor or any other person under the terms of any composition or arrangement with any creditor of any member of the Group;(c) the taking, variation, compromise, exchange, renewal or release of, or refusal or neglect to perfect, take up or enforce, any rights against, or security over assets of, any Obligor or other person or any non-presentation or non-observance of any formality or other requirement in respect of any instrument or any failure to realise the full value of any security;(d) any incapacity or lack of power, authority or legal personality of or dissolution or change in the members or status of an Obligor or any other person;(e) any amendment (however fundamental) or replacement of a Finance Document or any other document or security;(f) any unenforceability, illegality or invalidity of any obligation of any person under any Finance Document or any other document or security; or
40 (g) any insolvency or similar proceedings.18.5. |
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