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.
4.2 This condition is an essential and determining condition for the Parties’ consent, without which they would not have signed the Amendment.
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. 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.
ABSENCE OF NOVATION. This Agreement is an amendment and restatement of the Original Credit Agreement and is in full force and effect, as of and from the Closing Date. This Agreement will not discharge or constitute a novation of any debt, obligation, covenant or agreement contained in the Original Credit Agreement or in any other Loan Document, agreements, certificates and other documents executed and delivered in respect thereof or in connection therewith, but the same shall remain in full force and effect save to the extent the same are amended hereby. For greater certainty, the parties hereto agree that any Borrowing outstanding under the Original Credit Agreement as of the date hereof, constitutes a Borrowing outstanding under this Agreement. Furthermore, any reference to the Original Credit Agreement in any Loan Document shall be deemed to constitute a reference to this Agreement.
ABSENCE OF NOVATION. The present agreement must not be interpreted as constituting novation of the deed or of the deeds mentioned in section "Objet of the loan". The parties agree that the terms and conditions of the said originally deeds will have priority over the terms of the preent loan for the purpose of subrogation.
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. 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. Without prejudice to Section 2 hereof, the Borrower acknowledges that it shall be discharged of no obligation towards the Agent and the Lenders under the Agreement as a result of the delegation under Section 1 hereof, such delegation not operating as a novation.
