Full Enforcement. Upon the occurrence of a default of a payment or any other obligation of the Account Holder under the Imbalance Settlement Agreement, and for as long as the same is continuing, eSett may enforce the pledge and have the right to debit the balance on the Pledged Cash Account to cover any claims secured under Section 2.2. For this purpose eSett may instruct the Settlement Bank to transfer the funds, in whole or in part, from the Pledged Cash Account to any bank account designated by eSett and/or to apply any proceeds of such enforcement towards payment of the Secured Obligations in accordance with Section 2.4 (iii) (Application of funds). Prior consent of the Account Holder or any advance notice by eSett to the Account Holder is not needed, nor is it necessary for eSett to take any legal or other steps in order to verify or confirm eSett’s entitlements (including a judgment or a decision of a competent court) or in order for eSett to exercise any and all of its rights hereunder. For the purpose of enforcing the pledge created by this Pledged Cash Account Agreement, the Account Holder hereby irrevocably authorises eSett to act in the name of the Account Holder and on behalf of the Account Holder to take any necessary or appropriate steps in respect of the enforcement of rights of pledge granted hereunder. This power of attorney shall remain in full force and effect throughout the validity of this Pledged Cash Account Agreement.
Full Enforcement. If any part of any covenant or provision contained in this Agreement is determined by a court of competent jurisdiction, or by any arbitration panel to which a dispute is submitted, to be invalid, illegal or incapable of being enforced, then the court or arbitration panel so deciding will interpret such provisions in a manner so as to enforce them to the fullest extent permitted by law in order to give maximum effect to the expressed intent of the Parties hereto. If the final judgment of a court of competent jurisdiction declares that any term or provision of Section 6 is invalid or unenforceable, the Parties agree that the court making the determination of invalidity or unenforceability will have the power to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement will be enforceable as so modified after the expiration of the time within which the judgment may be appealed.
Full Enforcement. Any Account to the extent (i) it is subject to any defense, counterclaim, setoff or dispute which is asserted as to such Account or (ii) a Credit Party is not able to bring suit or otherwise enforce its remedies against the Account Debtor through judicial process;
Full Enforcement. The provisions in the Policy are intended to be applied to the fullest extent of the law. To the extent that any provision of the Policy is found to be unenforceable or invalid under any applicable law, such provision will be applied to the maximum extent permitted and shall automatically be deemed amended in a manner consistent with its objectives to the extent necessary to conform to applicable law. The invalidity or unenforceability of any provision of the Policy shall not affect the validity or enforceability of any other provision of the Policy.
Full Enforcement. 5.1.1 Subject to the terms of the Intercreditor Agreement and Section 5.1.2 below, upon the occurrence of an Event of Default and for as long it is continuing, the Investor Security Agent may to the fullest extent permitted by the laws of Finland, enforce all or any part of the Shareholders' rights created under this Agreement, as well as any other rights that a pledgee may have under the laws of Finland, and for this purpose enforce the Pledge by selling (publicly or privately), transferring, pledging or otherwise disposing of the Security Assets or any part thereof, as the Investor Security Agent deems fit, without a judgement or court decision for such consideration and on such terms as the Investor Security Agent deems appropriate.
Full Enforcement. If any part of any covenant or provision contained in this Agreement is determined by a court of competent jurisdiction, or by any arbitration panel to which a dispute is submitted, to be invalid, illegal or incapable of being enforced, then the court or arbitration panel so deciding shall interpret such provisions in a manner so as to enforce them to the fullest extent of the law.
