ABSENCE OF NOVATION. 4.1 With the exception of what is expressly stipulated in Article 2 of the above Amendment, this amendment does not implement any novation concerning the terms and conditions of the Agreement.
ABSENCE OF NOVATION. Any failure or tolerance by either Party to require the other to strictly comply with its obligations hereunder or to exercise any right under this Agreement shall not constitute novation or waiver thereof, nor shall it affect its right to exercise it at any time.
ABSENCE OF NOVATION. This agreement shall not operate novation of the debt resulting from the Second Park CDC Loans and more specifically Tranche D, which Second Park CDC Loans terms shall remain unchanged (subject to the modifications made according to the terms of this agreement) notwithstanding the changes made to the Second Park CDC Loans or the creation of Tranche E. This agreement has been entered into in view of setting forth in a sole agreement, the Agreement D incorporating the Amendments or any necessary change made pursuant to paragraph (G) of the introduction of this agreement.
ABSENCE OF NOVATION. For the avoidance of doubt, it is specified that this Amendment Agreement does not in any way constitute a novation of the Agreement or of the Transactions governed by the Agreement.
ABSENCE OF NOVATION. For the purposes of the Finance Documents, it is not the intention of the Parties that this amendment and restatement of the Original Facilities Agreement results as a matter of French law in a novation (novation) of the Original Facilities Agreement or the obligations of the Borrower and Genesys S.A. thereunder. Unless otherwise specifically agreed by the Parties, this Agreement shall not affect the Security, which shall remain in full force and effect. 2.
ABSENCE OF NOVATION. In no event shall this Amendment Agreement be construed as or entail a novation (as provided for under article 1329 of the French Code civil) of the provisions of the Finance Contract. All provisions of the Finance Contract (including any schedules thereto) which are not amended by this Amendment Agreement in the form set out in the Amended Finance Contract shall remain in full force and effect. The Amended Finance Contract forms an integral part of this Amendment Agreement, and accordingly, the provisions of the Amended Finance Contract and this Amendment Agreement constitute an indivisible and a single agreement.
ABSENCE OF NOVATION. Notwithstanding the provisions of this Agreement, the parties to this Agreement expressly represent that the obligations and liabilities deriving from the Finance Documents and bearing upon the parties thereto and the parallel debt set out in Clause 27.2 (Parallel Debt) of the Amended and Restated Facilities Agreement are not novated (novées) pursuant to article 1271 of the French Civil Code.
ABSENCE OF NOVATION. Subject to the amendments referred to in Sections 1, 2 and 3 hereof, the Purchase Agreement shall remain in full force and effect. This Amendment Agreement does not result in the novation of the obligations of the Parties under the Purchase Agreement.
ABSENCE OF NOVATION. The creation of the Pledge shall not imply any payment in kind, novation, repeal, limitation or amendment of any of the Secured Obligations, nor does it imply payment in kind, novation, repeal, limitation or amendment of any security interests constituted or formed by CVH in order to fully secure the compliance or payment of the Secured Obligations, nor shall it limit CVH’s liability to the Secured Parties in any way. In case of coincidence of the Pledge hereby granted with other security interests, liens or encumbrances constituted or formed to fully secure the Secured Obligations, the Collateral Agent may enforce its rights with respect to all of them together or with respect to any of them, in the order and manner in which it deems appropriate in its sole discretion. Loss by the Collateral Agent and/or any other Secured Party of any of such security interests or liens or encumbrances, even if such loss is attributable to the Collateral Agent and/or any other Secured Party, will not be invoked by CVH to reduce its liability to the Secured Parties under this Agreement or the Pledge.
ABSENCE OF NOVATION. The creation of the Pledge shall not imply any payment in kind, novation, repeal, limitation or amendment of any of the Secured Obligations, nor does it imply payment in kind, novation, repeal, limitation or amendment of any security interests constituted or formed by GIP or its Subsidiaries in order to fully secure the compliance or payment of the Secured Obligations, nor shall it limit GIP’s liability to the Lender in any way. In case of coincidence of the Pledge hereby granted with other security interests, liens or encumbrances constituted or formed to fully secure the Secured Obligations, the Lender may enforce its rights with respect to all of them together or with respect to any of them, in the order and manner in which it deems appropriate in its sole discretion. Loss by the Lender of any of such security interests or liens or encumbrances, even if such loss is attributable to the Lender, will not be invoked by GIP to reduce its liability to the Lender under this Agreement or the Pledge.
