Key Terms Throughout this document, “You” and “
Certain General Provisions 32 5.1. Closing Fee. ........................................................................32 5.2. Agent's Fee. ........................................................................32 5.3.
Certain Common Terms The term “documents” includes any and all instruments, documents, agreements, certificates, indentures, notices and other writings, however evidenced. The term “including” is not limiting and means “including without limitation.”
Certain Waivers Each Guarantor waives (a) any defense arising by reason of any disability or other defense of the Borrower or any other guarantor, or the cessation from any cause whatsoever (including any act or omission of any Secured Party) of the liability of the Borrower or any other Loan Party; (b) any defense based on any claim that such Guarantor’s obligations exceed or are more burdensome than those of the Borrower or any other Loan Party; (c) the benefit of any statute of limitations affecting any Guarantor’s liability hereunder; (d) any right to proceed against the Borrower or any other Loan Party, proceed against or exhaust any security for the Secured Obligations, or pursue any other remedy in the power of any Secured Party whatsoever; (e) any benefit of and any right to participate in any security now or hereafter held by any Secured Party; and (f) to the fullest extent permitted by law, any and all other defenses or benefits that may be derived from or afforded by applicable Law limiting the liability of or exonerating guarantors or sureties. Each Guarantor expressly waives all setoffs and counterclaims and all presentments, demands for payment or performance, notices of nonpayment or nonperformance, protests, notices of protest, notices of dishonor and all other notices or demands of any kind or nature whatsoever with respect to the Secured Obligations, and all notices of acceptance of this Guaranty or of the existence, creation or incurrence of new or additional Secured Obligations.
Transitional Provisions As from the official date of entry into force of the 03 series of amendments to this Regulation, no Contracting Party applying this Regulation shall refuse to grant or refuse to accept type-approvals under this Regulation as amended by the 03 series of amendments. Transitional Provisions for Phase 1 (see paragraph 6.2.2. above) As from 1 July 2016, Contracting Parties applying this Regulation shall grant type-approvals only if the vehicle type to be approved meets the requirements of phase 1 (see paragraph 6.2.2. above) of this Regulation as amended by the 03 series of amendments. As from the official date of entry into force of the 03 series of amendments, Contracting Parties applying this Regulation shall grant type approvals to the vehicle type which meets the requirements of phase 2 or phase 3 of this Regulation as amended by the 03 series of amendments. Contracting Parties applying this Regulation shall not refuse to grant extensions of type approvals for existing types which have been granted according to the 02 series of amendments to this Regulation. Until 30 June 2022, no Contracting Party applying this Regulation shall refuse national or regional type approval of a vehicle type-approved to the 02 series of amendments to this Regulation. As from 1 July 2022, Contracting Parties applying this Regulation shall not be obliged to accept for the purpose of national or regional type approval, a vehicle type approved to the preceding series of amendments to this Regulation. Even after the date of entry into force of the 03 series of amendments to this Regulation, Contracting Parties applying this Regulation may continue for national or regional purposes granting type approvals and extensions of type approvals to the preceding series of amendments to this Regulation. Transitional Provisions for Phase 2 (see paragraph 6.2.2. above) As from 1 July 2020 for vehicle types other than N2 and as from 1 July 2022 for vehicles types of category N2, Contracting Parties applying this Regulation shall grant type approvals only if the vehicle type to be approved meets the requirements of phase 2 (see paragraph 6.2.2. above) of this Regulation as amended by the 03 series of amendments. Furthermore, as from the official date of entry into force of the 03 series of amendments, Contracting Parties applying this Regulation shall grant type approvals to the vehicle type which meets the requirements of phase 3 of this Regulation as amended by the 03 series of amendments. Contracting Parties applying this Regulation shall not refuse to grant extensions of type approvals for existing types which have been granted according to phase 1 (see paragraph 6.2.2. above) or the 02 series of amendments to this Regulation. Until 30 June 2022 for vehicle types other than N2 and until 30 June 2023 for vehicles types of category N2, no Contracting Party applying this Regulation shall refuse national or regional type approval of a vehicle type-approved to phase 1 (see paragraph 6.2.2. above) or the 02 series of amendments to this Regulation. As from 1 July 2022 for vehicle types other than N2 and as from 1 July 2023 for vehicles types of category N2, Contracting Parties applying this Regulation shall not be obliged to accept for the purpose of national or regional type approval, a vehicle type approved to phase 1 (see paragraph 6.2.2.1. above) or the preceding series of amendments to this Regulation. Even after the date of entry into force of the 03 series of amendments to this Regulation, Contracting Parties applying this Regulation may continue for national or regional purposes granting type approvals and extensions of type approvals to phase 1 (see paragraph 6.2.2. above) or the preceding series of amendments to this Regulation. Transitional Provisions for Phase 3 (see paragraph 6.2.2. above) As from 1 July 2024 for vehicle types other than N2, N3 and M3 and as from 1 July 2026 for vehicles types of category N2, N3 and M3, Contracting Parties applying this Regulation shall grant type-approvals only if the vehicle type to be approved meets the requirements of phase 3 (see paragraph 6.2.2. above) of this Regulation as amended by the 03 series of amendments. Contracting Parties applying this Regulation shall not refuse to grant extensions of type approvals for existing types which have been granted according to phase 2 according to paragraph 6.2.2. above.
