Concurrent Proceedings. 11.1 You are free to require Us to make payment to You of any moneys owing to You by the Customer without having taken any proceedings to enforce such payment by the Customer. You are also free, but have no obligation:-
11.1.1 to resort to any other means of payment for Your own benefit and in any order as You think fit without Our liability to You under this Guarantee being reduced in any way; and
11.1.2 to enforce this Guarantee against Us for the payment of whatever moneys are still owing to You by the Customer at any time whether or not You have resorted to other means of payment.
Concurrent Proceedings. The provisions whereby the taking of proceedings in one or more jurisdictions shall not preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, might not be entirely enforceable in a Luxembourg court. If proceedings were previously commenced between the same parties and on the same grounds as the proceedings in Luxembourg, a plea of pendency might be raised in the Luxembourg court and proceedings either stayed pending the termination of the proceedings abroad or dismissed, as the case may be.
Concurrent Proceedings. Notwithstanding any provision hereof, it is hereby expressly agreed that upon the occurrence of an Event of Default, the Lender shall have vested in it the right to exercise all or any of the remedies available whether by this Agreement or by statute or otherwise and upon the declaration of an Event of Default, the Lender shall be entitled to exercise such remedies concurrently to recover all monies due and owing to the Lender.
Concurrent Proceedings. Proceedings may be stayed in Mauritius if concurrent proceedings in respect of the same matter are or have been commenced in another jurisdiction. Notwithstanding any provision in the Documents that all disputes arising under or in connection with the Documents should be brought before the competent court in the jurisdiction specified in the Documents, the Mauritius courts have discretion to refuse to stay proceedings in Mauritius if it is satisfied that it is just and equitable to do so and may grant leave to serve Mauritius proceedings outside of Mauritius.
Concurrent Proceedings. Notwithstanding any prov1s1on hereof, it is expressly agreed that upon default or breach by the Customer or any Security Party of any term, covenant, stipulation and/or undertaking herein provided and/or contained and on the part of the Customer or any Security Party to be observed and performed, the Bank shall thereafter have the right to exercise all or any of the remedies available whether by this Agreement or by statute or otherwise and shall be entitled to exercise such remedies concurrently to recover all monies due and payable to the Bank in any order of priority.
Concurrent Proceedings. Notwithstanding any provision hereof, it is hereby expressly agreed that upon default or breach by the Issuer of any term, covenant, stipulation and/ or undertaking herein provided and on the part of the Issuer to be observed and performed, the Trustee, the Joint Lead Arrangers, the Joint Lead Managers and the Facility Agent shall thereafter have the right to exercise all or any of the remedies available whether by this Deed or the other Transaction Documents or by statute or otherwise and shall be entitled to exercise such remedies concurrently to recover all monies due and owing to the Trustee, the Joint Lead Arrangers, the Joint Lead Managers, the Facility Agent and the Murabahah MTNholders.
Concurrent Proceedings. Proceedings may be stayed in the Cayman Islands if concurrent proceedings in respect of the same matter are or have been commenced in another jurisdiction. Notwithstanding any provision in the Document that all disputes arising under or in connection with the Document should be brought before the competent court in the jurisdiction specified in the Document, a Cayman Islands court has discretion to refuse to stay proceedings in the Cayman Islands if it is satisfied that it is just and equitable to do so and may grant leave to serve Cayman Islands proceedings outside of the Cayman Islands.
Concurrent Proceedings. Notwithstanding any provision hereof, it is hereby expressly agreed that upon default or breach by the Customer of any term, covenant stipulation and/or undertaking herein provided under this Agreement and any Transaction Documents and on the part of the Customer to be observed and performed, MDV shall thereafter have the right to exercise all or any remedies available whether by the Transaction Documents or by statute or otherwise and shall be entitled to exercise such remedies concurrently to recover all monies due and owing to MDV PROVIDED THAT nothing herein contained shall be construed as imposing any obligation (whether at law or in equity) upon MDV to exhaust its remedy under the Transaction Documents before commencing any separate action or before enforcing any other remedies and exercising any other rights which MDV may have against the Customer or any other Security Party simultaneously or consecutively in any order as MDV deems fit with or without having exhausted its right or to realise any security granted under the Transaction Documents from time to time.
Concurrent Proceedings. 29.1 The Borrower agrees that the obligations to pay and repay the Bank under this Agreement and the Security Documents are separate and independent obligations which give the Bank separate and independent rights and causes of action regardless of any waiver or indulgence which may have been granted by the Bank in respect of any one or more of those obligations; accordingly, the Bank shall have the right to seek remedy in respect of a breach of any one of those obligations independently of or at the same time as any other remedy the Bank may seek in respect of any other breach of those obligations. In particular, the Bank shall have the right to commence any action in respect of any breach of those obligations without having first resorted to any other remedy or having first sold or disposed of any Security.
Concurrent Proceedings. The Customer agrees that the obligations to pay the Bank under this Agreement and the Security Documents are separate and independent obligations which give the Bank separate and independent rights and causes of action regardless of any waiver or indulgence which may have been granted by the Bank in respect of any one or more of those obligations; accordingly, the Bank shall have the right to seek remedy in respect of a breach of any one of those obligations independently of or at the same time as any other remedy the Bank may seek in respect of any other breach of those obligations. In particular, the Bank shall have the right to commence and to institute any proceedings or action in respect of any breach of those obligations and to enforce all or any of its remedies whether under this Agreement, the other Security Documents or by statute or otherwise and shall be entitled to exercise such rights and remedies concurrently, including pursuing all remedies of sale possession and by civil suit to recover all sums payable to the Bank in such manner as the Bank may deem fit in its absolute discretion.
