Clause 19 Sample Clauses

Clause 19. 6.1 shall not apply to: (a) any winding-up petition which is frivolous or vexatious and is discharged, stayed or dismissed either (a) within 10 (ten) days of commencement or, if earlier, the date on which it is advertised or (b) within such other period as agreed to in writing by the Lender on or before the lapse of the 10 (ten) day period referred to in (a) provided, for the avoidance of doubt, the Lender is not obliged to agree to any such extended period; (b) any step or procedure contemplated by paragraph (b) of the definition of Permitted Transaction in the Senior Facilities Agreement; or (c) any enforcement of any Security over any assets of the Borrower or any member of the Borrower Group as contemplated by clause 19.6.1(d) above, if the relevant Obligor or any member of the Borrower Group, as applicable, takes steps to oppose such legal proceedings within the time frames allowed by the Rules of Court and before any final order is granted and provides evidence to the reasonable satisfaction of the Lender that its opposition of such enforcement proceedings has merit.

Clause 19. 7.1 shall not apply if the fair value of the relevant asset or assets is, in relation to Opco, ZAR5,000,000 (Indexed) or less, or in relation to Holdco or the Borrower, ZAR1,000,000 (Indexed) or less.

Clause 19. 1.1 does not in any way limit the obligations of any Obligor under the Initial ACF Finance Documents.

Clause 19. 1(a)(i) will not apply to and no termination payment will be payable by Customer where Customer: (a) is a small business customer (as defined in clause 19.4; and (b) Customer cancels any Services during a Renewal Period.

Clause 19. 6.1 will override any application made or purported to be made by any other person.

Clause 19. 5.1 does not apply where the requirement to hold a first aid qualification is a requirement of the Employee’s position.

Clause 19. 4.1 above does not apply to any sale, lease, transfer or other disposal: (i) made in the ordinary course of trading of the disposing entity; or (ii) of assets in exchange for other assets comparable or superior as to type, value and quality.

Clause 19. 12.3 shall apply in respect of any amount deducted or withheld as contemplated by Clause 19.12.1 as it applies to sums paid to the payee, save to the extent that in computing the Tax chargeable the payee is able to obtain a credit for the amount deducted or withheld. 47 19.12.5 Clause 19.12.3 shall not apply: (a) to Taxation attributable to a payment being properly treated as an adjustment to the Consideration under the terms of this Agreement; or (b) to the extent that the amount of the indemnity, compensation or reimbursement payment has already been increased to take account of the Taxation that will or would be charged on receipt.

Clause 19. 14.4 shall not apply if and to the extent that the amount of the indemnity, compensation or reimbursement payment has already been adjusted to take account of the Taxation that will or would be charged on receipt or relief that is or will be available in respect of the matter giving rise to the payment.

Clause 19. 1 shall not apply to any Confidential Information which: 19.2.1 is in or comes into the public domain other than by default of the recipient Party; or 19.2.2 is or has already been independently generated by the recipient Party; or 19.2.3 is lawfully received by the recipient from a third party on an unrestricted basis; or 19.2.4 is in the possession of or is known by the recipient Party prior to the date of this Agreement, to the extent that such recipient Party is not bound by any existing obligation or confidentiality in respect of such information to the other Party.