For the avoidance of doubt a) If an Employee is required to undertake any work on a public holiday, including overtime, clause 6.1.6 does not apply and sub-clauses 6.
For the avoidance of doubt. The Parties hereto agree that, notwithstanding anything to the contrary herein, the terms and provisions of this Agreement do not provide, and shall not be interpreted to provide, for the assignment or conveyance of any part or all of the conditional, non-delegable right of Servicer to service the Mortgage loans identified in Schedule A hereto under the Guide and/or the Purchase Documents or of any proceeds resulting from the sale or transfer of such rights to service those Mortgage loans under the Guide or Purchase Documents.
For the avoidance of doubt. 8.1. if You hold other BEE Securities in certificated form, You will have concluded a different contract to cover those BEE Securities and that contract will continue to apply for so long as You continue to hold those BEE Securities in certificated form. If You dematerialise any or all of those BEE Securities, those BEE Securities will become subject to This BEE Contract if You hold them as an Own Name Client or in the name of the Registered Shareholder;
8.2. if You hold BEE Securities in dematerialised form and rematerialise any or all of these BEE Securities, but You have not concluded a contract with the relevant Issuer to cover those rematerialised BEE Securities, You will be required to conclude a different contract to This BEE Contract to cover those certificated BEE Securities and that contract will continue to apply for so long as You continue to hold those BEE Securities in certificated form;
8.3. if You hold BEE Securities in dematerialised form in the name of an ISN as registered shareholder, which BEE Securities were held by You prior to the date of the listing on the BEE Segment of such BEE Securities, You will have concluded a different contract to cover those BEE Securities and that contract will continue to apply for so long as You continue to hold those particular BEE Securities in dematerialised form in the name of an ISN as registered shareholder. Only in the event that You:
8.3.1. acquired additional BEE Securities after the date of the listing on the BEE Segment of such BEE Securities, will You have been required to conclude This BEE Contract; or
8.3.2. wish to replace the ISN as registered shareholder of those particular BEE Securities with another registered shareholder to hold some or all of those particular BEE Securities, will You be required to conclude a BEE Contract in respect of those of Your BEE Securities which are transferred to such person as the new registered shareholder;
8.4. if You are a Beneficial Owner and wish to replace Your Registered Shareholder with another Registered Shareholder, You will be required to conclude a new BEE Contract in respect of those of Your BEE Securities which are transferred to such person as the new Registered Shareholder and so will such person and the other parties to This BEE Contract and You shall not instruct the Registered Shareholder to transfer Your Specified BEE Securities, nor shall the Registered Shareholder act on any such instruction until a new BEE Contract has been concluded;...
For the avoidance of doubt. For the avoidance of doubt, each reference to the Agreement will be construed as a reference to a separate agreement between Party A and the Management Company on behalf of each of the Fund’s Compartments listed in Annex II to the Agreement, and no specific event of default under one Agreement will constitute an event of default with respect to any other Agreement. Furthermore, the close-out netting provisions incorporated herein will apply solely to the transactions entered into pursuant to one Agreement, and there shall be no close-out netting or set-off between transactions entered into pursuant to different Agreements notwithstanding the fact that such Agreements are included in a single document. ANNEX 11 — Compartments:
1. Cigogne Fund — Merger Arbitrage
2. Cigogne Fund — Fixed Income Arbitrage
3. Cigogne Fund — Convertible Arbitrage
4. Cigogne Fund — MBS/ABS Arbitrage
5. Cigogne Fund — Long/Short Arbitrage
For the avoidance of doubt the original Clause 14 of the HUAWEI Developers Service Agreement shall remain unchanged for and still govern any Huawei Services other than those in relation to APIs which are provided under the APIs Agreements.
For the avoidance of doubt nothing herein contained shall prejudice or affect the rights, discretions, powers, duties and obligations of the Borough Council and County Council under all statutes by-laws statutory instruments orders and regulations in the exercise of their functions as a local authority
For the avoidance of doubt. (a) each of the Guarantors hereby confirms and agrees that (i) such Guarantor absolutely and unconditionally guarantees pursuant to its guaranty the payment and performance in full of all of the Obligations of the Company under and as defined in the Credit Agreement and the other Credit Documents and the Indenture and the other Junior Credit Documents including, without limitation, all Obligations in respect of the Loans and the Notes and (ii) the execution of this Agreement by such Guarantor has been duly authorized by all requisite corporate or limited liability company action on its part and does not constitute or create a violation of any term or provision of such Guarantor’s articles of incorporation or by-laws (or other organizational documents) or of any other agreement which is binding upon such Guarantor; and
(b) each of the Credit Parties hereby confirms and agrees that (i) the Liens granted by it pursuant to the Credit Documents secure repayment of all amounts owing to the Senior Lenders under the Credit Documents, including, without limitation, any and all amounts owing to the Lenders with respect to the Loans, (ii) the Liens granted by it pursuant to the Junior Credit Documents secure repayment of all amounts owing to the Junior Lenders under the Junior Credit Documents, including, without limitation, any and all amounts owing to the Holders with respect to the Notes and (iii) the execution of this Agreement by such Credit Party has been duly authorized by all requisite corporate or limited liability company action on its part and does not constitute or create a violation of any term or provision of such Credit Party’s articles of incorporation or by-laws (or other organizational documents) or of any other agreement which is binding upon such Credit Party.
For the avoidance of doubt. (a) save as specifically provided for in this Escrow Agreement, the Escrow Agent shall act only on the instructions of the Seller and the Purchaser acting jointly or solely; and
(b) the Escrow Agent shall not act on the instructions of any other person.
For the avoidance of doubt. (a) we shall not be at fault in failing to supply the Candidate under an Optional Extension if the Candidate does not provide services because the Candidate is not ready, willing or able to do so, or if the services are not provided due to a material breach of these terms by you of which we have informed you
(b) you shall not be entitled to any discount against the Transfer Fee if the supply is ended before the period of Optional Extension has expired.
For the avoidance of doubt. AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SUPPLIER EXPRESSLY AGREES THAT NEITHER THE INVESTOR NOR THE INVESTOR AGENT SHALL HAVE ANY OBLIGATION TO MAKE ANY PROPOSAL OR ACCEPT ANY OFFER HEREUNDER, THAT THE SUPPLIER HAS NOT PAID, AND IS NOT REQUIRED TO PAY, A COMMITMENT FEE OR COMPARABLE FEE TO THE INVESTOR OR INVESTOR AGENT, AND THE INVESTOR MAY REFUSE, FOR ANY REASON OR FOR NO REASON, TO MAKE ANY PROPOSAL OR ACCEPT ANY OFFER REGARDLESS OF WHETHER THE APPLICABLE CONDITIONS SET FORTH HEREIN HAVE BEEN SATISFIED.
